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 Chapters 17 and 18, Education Code, are repealed.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.