By Dutton                                             H.B. No. 1721
       74R4951 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to abolishing county boards of education, boards of county
    1-3  school trustees, and offices of county school superintendent.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  (a)  Each county board of education, board of
    1-6  county school trustees, and office of county school superintendent
    1-7  in the state is abolished effective September 1, 1995.
    1-8        (b)  The powers and duties of a board or office of county
    1-9  school superintendent contained in Chapter 17, Education Code, as
   1-10  that chapter existed before repeal by this Act, vest in the
   1-11  governing boards of the component school districts in the county.
   1-12        (c)  All assets, liabilities, and contracts of a board
   1-13  abolished by this Act are transferred to the commissioners court of
   1-14  the county in trust for the component school districts in the
   1-15  county.  The commissioners court shall, not later than September 1,
   1-16  1996, distribute the assets remaining after discharge of the
   1-17  board's liabilities to the component school districts in the county
   1-18  in proportionate shares equal to the proportion that the membership
   1-19  in each district bears to total membership in the county as of May
   1-20  1, 1995.  The commissioners court may liquidate board assets as
   1-21  necessary to discharge board liabilities and facilitate the
   1-22  distribution of assets.  A person authorized by the board shall
   1-23  execute any documents necessary to complete the transfer of assets,
   1-24  liabilities, or contracts.
    2-1        (d)  The component school districts of a board abolished by
    2-2  this Act shall collect and use any delinquent taxes imposed by the
    2-3  board in the manner provided by rule of the commissioner of
    2-4  education.
    2-5        SECTION 2.  Chapters 17 and 18, Education Code, are repealed.
    2-6        SECTION 3.  Section 4.02(a), Education Code, is amended to
    2-7  read as follows:
    2-8        (a)  Any person who shall confiscate, misappropriate, or
    2-9  convert money appropriated to the Foundation School Fund to carry
   2-10  out the purposes of that program as set out in Chapter 16 of this
   2-11  code after such money is received by the school district  <or board
   2-12  of county school trustees> in accordance with the terms of Chapter
   2-13  16, shall be guilty of a felony and upon conviction shall be
   2-14  punished by confinement in the state penitentiary for not less than
   2-15  one year nor more than five years.
   2-16        SECTION 4.  Section 4.07(a), Education Code, is amended to
   2-17  read as follows:
   2-18        (a)  No <board of education,> trustee of a school district,
   2-19  superintendent, principal, or teacher of a public school<, or other
   2-20  official or employee of a board of education> shall directly or
   2-21  indirectly ask, indicate, or transmit orally or in writing the
   2-22  religion or religious affiliation of any person seeking employment
   2-23  or official position in the public schools of the State of Texas,
   2-24  except to inquire of the applicant whether or not he or she
   2-25  believes in the existence of a Supreme Being.
   2-26        SECTION 5.  Section 11.02(c), Education Code, is amended to
   2-27  read as follows:
    3-1        (c)  Except for agreements entered into by the governing
    3-2  board of a state university or college, the Central Education
    3-3  Agency shall be the sole agency of the State of Texas empowered to
    3-4  enter into agreements with respect to education undertakings,
    3-5  including provision of school lunches and the construction of
    3-6  school buildings, with an agency of the federal government.  No
    3-7  <county board of education or> board of trustees of a school
    3-8  district shall enter into contracts with, or accept money from, an
    3-9  agency of the federal government except under rules and regulations
   3-10  prescribed by the Central Education Agency.
   3-11        SECTION 6.  Section 11.13(a), Education Code, is amended to
   3-12  read as follows:
   3-13        (a)  Except in cases of student disciplinary actions under
   3-14  Section 21.301 or 21.3011 of this code, persons having any matter
   3-15  of dispute among them arising under the school laws of Texas or any
   3-16  person aggrieved by the school laws of Texas or by actions or
   3-17  decisions of any board of trustees  <or board of education>  may
   3-18  appeal in writing to the commissioner of education, who, after due
   3-19  notice to the parties interested, shall hold a hearing and render a
   3-20  decision without cost to the parties involved, but nothing
   3-21  contained in this section shall deprive any party of any legal
   3-22  remedy.
   3-23        SECTION 7.  Section 11.28(g), Education Code, is amended to
   3-24  read as follows:
   3-25        (g)  On the written request signed by a majority of the board
   3-26  of trustees of the district, the State Board of Education may
   3-27  abolish the district, in which event the State Board of Education
    4-1  shall give written notice to the board of trustees of the district
    4-2  and to the commissioners court <board of county school trustees or
    4-3  county board of education>  of the county in which the district is
    4-4  located.  The commissioners court <county governing board>  shall
    4-5  be required to add the territory of the abolished district to a
    4-6  school district contiguous to the territory  <and to add the school
    4-7  census taken for the district prior to its abolishment to the
    4-8  scholastic census of the district to which the territory is added>.
    4-9        SECTION 8.  Section 21.036, Education Code, is amended to
   4-10  read as follows:
   4-11        Sec. 21.036.  School Attendance Officer.  A <In compliance
   4-12  with the terms of this section, a>  school attendance officer may
   4-13  be elected by  <either of> the <following types of governing
   4-14  bodies:>
   4-15              <(1)  The county school trustees of any county having a
   4-16  scholastic population of more than three thousand (3,000).>
   4-17              <(2)  The> board of trustees of any independent school
   4-18  district having a scholastic population of more than two thousand
   4-19  (2,000).
   4-20        SECTION 9.  Section 21.037(b), Education Code, is amended to
   4-21  read as follows:
   4-22        (b)  A petition requesting and explaining the need for a
   4-23  school attendance officer and signed by at least 50 resident
   4-24  freeholders of the area involved shall be presented to the <county
   4-25  school trustees or the> trustees of the independent school
   4-26  district<, as the case may be>.
   4-27        SECTION 10.  Section 21.073(b), Education Code, is amended to
    5-1  read as follows:
    5-2        (b)  Such arrangements must be approved by the board of
    5-3  <county superintendent and the county school> trustees of the
    5-4  school district in which the child resides <Texas county of
    5-5  residence>.
    5-6        SECTION 11.  Section 21.074(a), Education Code, is amended to
    5-7  read as follows:
    5-8        (a)  In conformity with the provisions of Sections
    5-9  21.075-21.078 of this code, the board of trustees of any school
   5-10  district <or any board of county school trustees> shall have
   5-11  authority to transfer and assign any pupil or pupils from one
   5-12  school facility or classrooms to another within its jurisdiction.
   5-13        SECTION 12.  Section 21.079, Education Code, is amended to
   5-14  read as follows:
   5-15        Sec. 21.079.  TRANSFERS BETWEEN DISTRICTS <OR COUNTIES>.  The
   5-16  boards of trustees of two or more adjoining districts  <or the
   5-17  boards of county school trustees of two or more adjoining counties>
   5-18  may, by mutual agreement and under the same rules specified in
   5-19  Sections 21.075-21.078 of this code, arrange for the transfer and
   5-20  assignment of any pupil or pupils from the jurisdiction of one
   5-21  board to that of another, in which event the participating
   5-22  governing boards shall also agree to the transfer of school funds
   5-23  or other payments proportionate to the transfer of attendance.
   5-24        SECTION 13.  Sections 21.165(c) and (g), Education Code, are
   5-25  amended to read as follows:
   5-26        (c)  The purchase must be authorized by a requisition<, which
   5-27  may be> submitted by  <either a board of county school trustees or>
    6-1  the board of trustees of a school district.  The requisition must
    6-2  include a general description of the article or articles desired,
    6-3  as well as any other applicable matter specified in this section.
    6-4        (g)  The <board of county school trustees or> board of
    6-5  trustees of a school district shall pay for the article or articles
    6-6  requisitioned as directed by the General Services Commission.
    6-7        SECTION 14.  Section 21.167, Education Code, is amended to
    6-8  read as follows:
    6-9        Sec. 21.167.  Sale of Buses.  When any school buses owned by
   6-10  any  <county or> school district are to be sold, traded in, or
   6-11  otherwise disposed of, they must be disposed of by the General
   6-12  Services Commission <Board of Control> or by the  <county school
   6-13  trustees or the> trustees of the school district under such rules
   6-14  <and regulations> as the General Services Commission <Board of
   6-15  Control> may provide.
   6-16        SECTION 15.  Section 21.903(a), Education Code, is amended to
   6-17  read as follows:
   6-18        (a)  All conveyances, devises, and bequests of property for
   6-19  the benefit of the public schools made by anyone for any  <county,>
   6-20  city, town, or district shall, when not otherwise directed by the
   6-21  grantor or devisor, vest the property in the  <county school
   6-22  trustees, the> board of trustees of the city, town, or district<,>
   6-23  or their successors in office as trustees for those to be benefited
   6-24  thereby.
   6-25        SECTION 16.  Section 22.01, Education Code, is amended to
   6-26  read as follows:
   6-27        Sec. 22.01.  Government.  (a)  A common school district is
    7-1  under the immediate control and management of a board of three
    7-2  trustees, who function under the provisions of this chapter but who
    7-3  are under the general supervision of the commissioners court of the
    7-4  county <a county governing board as provided in Chapter 17 of this
    7-5  code>.
    7-6        (b)  A common consolidated school district is under the
    7-7  immediate control and management of a board of seven trustees, who
    7-8  function under the provisions of this chapter but who are under the
    7-9  general supervision of  the commissioners court of the county <a
   7-10  county governing board as provided in Chapter 17 of this code>.
   7-11        SECTION 17.  Section 22.03(e), Education Code, is amended to
   7-12  read as follows:
   7-13        (e)  Any vacancy shall be filled by the commissioners court
   7-14  <county school trustees or county board of education> for the
   7-15  remainder of the unexpired term in which the vacancy occurs.
   7-16        SECTION 18.  Sections 22.06(e) and (f), Education Code, are
   7-17  amended to read as follows:
   7-18        (e)  Whenever a person is enjoined from acting as trustee,
   7-19  pending trial by the court, the commissioners court <county school
   7-20  trustees or county board of education> for the common school
   7-21  district or the board of trustees for the common consolidated
   7-22  school district shall appoint a suitable person to act as trustee
   7-23  during the enjoinder, and if the trustee enjoined is, by judgment
   7-24  of the court, removed from office, then trustee appointed shall
   7-25  continue to serve for the unexpired term.
   7-26        (f)  Whenever a trustee is removed from office by judgment of
   7-27  the court without an injunction previously having been issued, the
    8-1  commissioners court <county school trustees or county board of
    8-2  education> for the common school district or the board of trustees
    8-3  for the common consolidated school district shall appoint a
    8-4  suitable person to fill the vacancy for the unexpired term.
    8-5        SECTION 19.  Section 22.12(b), Education Code, is amended to
    8-6  read as follows:
    8-7        (b)  A common or common consolidated county-line school
    8-8  district shall be managed and controlled by the county named in the
    8-9  order creating the district<, and the operation of the schools
   8-10  shall be under the administrative jurisdiction of the county
   8-11  governing board of the county named in the order creating the
   8-12  district>.
   8-13        SECTION 20.  Section 25.04(e), Education Code, is amended to
   8-14  read as follows:
   8-15        (e)  In the event a rural high school district is created at
   8-16  a time other than the trustee election time, it shall be the duty
   8-17  of the  commissioners court <county governing board> to appoint a
   8-18  board of trustees as prescribed herein, to serve until the next
   8-19  regular election day for trustees of common school districts.
   8-20        SECTION 21.  This Act takes effect September 1, 1995.
   8-21        SECTION 22.  The importance of this legislation and the
   8-22  crowded condition of the calendars in both houses create an
   8-23  emergency and an imperative public necessity that the
   8-24  constitutional rule requiring bills to be read on three several
   8-25  days in each house be suspended, and this rule is hereby suspended.