By Seidlits H.B. No. 1128
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the membership and terms of the office of the State
1-3 Board of Education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 11, Education Code, is
1-6 amended by adding Section 11.21 to read as follows:
1-7 Sec. 11.21. Composition of Board. The State Board of
1-8 Education is composed of 9 members who are appointed by the members
1-9 of the foundation school fund budget committee. The governor,
1-10 lieutenant governor, and comptroller shall each appoint three
1-11 persons to the State Board of Education with the advice and consent
1-12 of the senate. Before making appointments, the governor,
1-13 lieutenant governor, and comptroller shall solicit recommendations
1-14 for persons to be appointed from statewide organizations that have
1-15 a direct interest in public education. In addition, the Speaker of
1-16 the Texas House of Representatives must submit no less than three
1-17 recommendations to be considered by the governor, lieutenant
1-18 governor and comptroller for appointment to the state board of
1-19 education.
1-20 (b) The members of the board serve staggered terms of six
1-21 years, with the terms of three members expiring February 1 of
1-22 odd-numbered years.
1-23 (c) To be eligible for appointment to or serve on the board,
2-1 a person must be a citizen of the United States, have resided in
2-2 this state for not less than one year, and be 30 years of age or
2-3 older.
2-4 (d) A person who is required to register as a lobbyist under
2-5 Chapter 305, Government Code, by virtue of the person's activities
2-6 for compensation in or on behalf of a profession related to the
2-7 operation of the board, may not serve as a member of the board or
2-8 act as the general counsel to the board.
2-9 (e) Appointments to vacancies on the board shall be made
2-10 without regard to the race, creed, sex, religion, and national
2-11 origin of the appointees.
2-12 (f) Each member of the board shall take the official oath of
2-13 office, and shall be bonded in the amount of $10,000, in the manner
2-14 prescribed in Chapter 383, Acts of the 56th Legislature, Regular
2-15 Session, 1959 (Article 6003b, Vernon's Texas Civil Statutes).
2-16 (g) In case of resignation or death of a board member, or in
2-17 a case a position on the board otherwise becomes vacant, the
2-18 appointing officer who made the original appointment shall appoint
2-19 a person to fill such vacancy as soon as possible. The appointee
2-20 shall hold office for the remainder of the unexpired term.
2-21 (h) Members of the board shall receive no salary but shall
2-22 be reimbursed for all expenses incurred in attending meetings of
2-23 the board or incident to any judicial action taken because of an
2-24 appeal from a board order.
2-25 SECTION 2. Sections 11.23(b) and (e), Education Code, are
3-1 amended to read as follows:
3-2 (b) At its next regular meeting following the appointment
3-3 <election> and qualification of new members, the state board of
3-4 education shall organize, adopt rules of procedure, and elect a
3-5 vice chairman and secretary.
3-6 (e) The board may not elect officers by slate, but must take
3-7 a separate vote to fill each position. A person who serves three
3-8 <two> consecutive terms as chairman is ineligible to again serve as
3-9 chairman until six <four> years have elapsed since the expiration
3-10 of the third <second> term.
3-11 SECTION 3. (a) The terms of office of members of the state
3-12 board of education serving on the effective date of the Act expire
3-13 on the date of the first meeting of the first board appointed under
3-14 Section 11.21, Education Code, as added by the Act. The chairman
3-15 of the appointed board designated by the governor shall call that
3-16 meeting as soon as possible after the governor, lieutenant
3-17 governor, and comptroller have appointed all members of the board
3-18 and the members have qualified. The governor, lieutenant governor,
3-19 and comptroller shall make those appointments as soon as possible
3-20 after the Act takes effect.
3-21 (b) Of the members of the first board appointed under
3-22 Section 11.21, Education Code, as added by this Act, three shall
3-23 serve terms expiring February 1, 1997, three shall serve terms
3-24 expiring February 1, 1999, and three shall serve terms expiring
3-25 February 1, 2001. The members shall draw lots to determine the
4-1 length of their terms.
4-2 (c) Rules of the state board of education that are in effect
4-3 on the date of the first meeting of the appointed board remain in
4-4 effect until superseded by rules of a board appointed under Section
4-5 11.21, Education Code, as added by this Act.
4-6 SECTION 4. Sections 11.2101 and 11.22, Education Code, are
4-7 repealed.
4-8 SECTION 5. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby,
4-13 suspended, and that this Act take effect an be in force from and
4-14 after its passage, and is so enacted.