By Puente H.B. No. 1350
74R5599 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limiting the terms of trustees of independent school
1-3 districts to four years.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 23.15, Education Code, is amended to read
1-6 as follows:
1-7 Sec. 23.15. Four-Year Terms. (a) After September 1, 1995,
1-8 the trustees of an independent school district may not be elected
1-9 to terms exceeding four years. The trustees of any independent
1-10 school district which has previously, under either general or
1-11 special law of this state, adopted or instituted a term of four
1-12 years may continue to be elected for a term of four years.
1-13 Elections shall be held biennially. If the board is composed of
1-14 seven trustees, either <Either> three or four trustees shall be
1-15 elected at each regular election<, the number depending upon that
1-16 required to compose a board of seven trustees>. If the board is
1-17 composed of nine trustees, either four or five trustees shall be
1-18 elected at each regular election. The trustees shall be elected by
1-19 position number as provided in Section 23.11 of this code or from
1-20 single-member districts.
1-21 (b) The <governing board of an independent school district
1-22 whose trustees serve for terms of six years may order by resolution
1-23 that the terms of office be reduced to four years. If the board
1-24 orders that terms are to be reduced, the> transition to four-year
2-1 terms shall begin with the first regular election held after
2-2 September 1, 1995 <more than 75 days after the date of the order of
2-3 the board>. Trustees in office on September 1, 1995, <the date of
2-4 the order> shall serve for the remainder of their terms.
2-5 (c) If the board of trustees is composed of seven members,
2-6 in order to make the transition from six-year terms to four-year
2-7 terms, the <The> length of the terms for trustees elected at the
2-8 first regular election after September 1, 1995, <in the transition
2-9 to four-year terms> is determined in accordance with the following:
2-10 (1) if the order in which the six-year terms expire
2-11 results in two trustees being elected at the first election, and
2-12 would result in two trustees being elected at the next regular
2-13 election, the trustees elected at the first election shall draw
2-14 lots so that one serves for a term of two years and one serves for
2-15 a term of four years;
2-16 (2) if the order in which the six-year terms expire
2-17 results in three trustees being elected at the first election, and
2-18 would result in two trustees being elected at the next regular
2-19 election, the trustees elected at the first election shall draw
2-20 lots so that one serves for a term of two years and two serve for a
2-21 term of four years; or
2-22 (3) if the order in which the six-year terms expire
2-23 results in two trustees being elected at the first election, and
2-24 would result in three trustees being elected at the next regular
2-25 election, the trustees elected at the first election serve for
2-26 terms of four years.
2-27 <(d)> After the first election in the transition to
3-1 four-year terms, three or four members shall be elected biennially
3-2 for terms of four years.
3-3 (d) If the board of trustees is composed of nine members, in
3-4 order to make the transition from six-year terms to four-year
3-5 terms, the trustees elected at the first regular election after
3-6 September 1, 1995, shall draw lots so that one serves for a term of
3-7 two years and two serve for terms of four years. After the first
3-8 election four or five members shall be elected biennially for terms
3-9 of four years.
3-10 SECTION 2. Section 23.024(h), Education Code, is amended to
3-11 read as follows:
3-12 (h) At the first election at which some or all of the
3-13 trustees are elected from trustee districts and after each
3-14 redistricting, all positions on the board shall be filled. The
3-15 trustees then elected shall draw lots for staggered terms as
3-16 provided by Section 23.13<, 23.14,> or 23.15 of this code, as
3-17 applicable.
3-18 SECTION 3. Section 23.13(a), Education Code, is amended to
3-19 read as follows:
3-20 (a) Unless a different term is authorized by Section <23.14
3-21 or> 23.15 of this code, the term of trustees of independent school
3-22 districts, other than county-wide independent school districts,
3-23 shall be three years in any district which does not include within
3-24 its boundaries a city or town with a population in excess of 75,000
3-25 or in any district where a term of three years has been previously
3-26 instituted under either general or special law of this state.
3-27 SECTION 4. Section 23.14, Education Code, is repealed.
4-1 SECTION 5. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.