By Bailey H.B. No. 3131
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the date of elections for trustees of independent
1-3 school districts and for officers of a junior or community college
1-4 district.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 23.08(a), Education Code, is amended to
1-7 read as follows:
1-8 Sec. 23.00. ELECTION. (a) Elections for trustees of
1-9 independent school district shall be held <on the first Saturday in
1-10 April, except that in counties having a population of one million
1-11 or more, the trustees may by official resolution select any other
1-12 Saturday.> on the same day as the General Election in November.
1-13 SECTION 2. Sections 130.082(e) and (f), Education Code, are
1-14 amended to read as follows:
1-15 (e) The basic term of office of a member of the board shall
1-16 be six years, and one-third of the members of the board shall be
1-17 elected <at large in the district> at each regular election
1-18 <elections to be held on the first Saturday in April in each
1-19 even-numbered year>; provided that with a seven-member board two
1-20 members shall be elected in two consecutive even-numbered years and
1-21 three members shall be elected in the following even-numbered year.
1-22 <The members of each board in office at the effective date of this
1-23 act, and all subsequent members of the board, shall remain in
2-1 office until the expiration of the terms for which they were
2-2 elected or appointed, and until their successors shall have been
2-3 elected and qualified; provided that where any existing board has
2-4 held its regular elections for members of the board in odd-numbered
2-5 years prior to the effective date of this act, the board shall
2-6 nevertheless hold its next regular election on the first Saturday
2-7 in April of the next even-numbered year following the effective
2-8 date of this act, and the term of office of each incumbent member
2-9 of the board shall, in effect, be lengthened by one year so as to
2-10 comply with the foregoing provisions of this act.> Upon the
2-11 creation of a new board, or in any other situation where necessary,
2-12 the members of the board shall choose by lot the terms for which
2-13 they shall serve, so as to comply with the foregoing provisions.
2-14 If a board is increased from seven to nine members, one of the
2-15 members shall be appointed to serve until the first election at
2-16 which two members otherwise would have been elected, and the other
2-17 shall be appointed to serve until the second election at which two
2-18 members otherwise would have been elected, and three members shall
2-19 be elected for six-year terms at each election.
2-20 (f) Members of a board shall be elected at large from each
2-21 junior college district at regular elections to be ordered <called>
2-22 and held by the board for such purpose, at the expense of the
2-23 district, on the date of the general election for state and county
2-24 officers <first Saturday in April in each even-numbered year>.
2-25 Said elections shall be held in accordance with the <Texas>
3-1 Election Code except as hereinafter provided, and all <resident,>
3-2 qualified voters <electors> of the district shall be permitted to
3-3 vote. Each such election shall be ordered <called> by resolution
3-4 or order of the board, and notice of each such election shall be
3-5 given by publishing an appropriate notice, in a newspaper of
3-6 general circulation in the district, at least 10 days prior to the
3-7 date of the election, setting forth the information required by the
3-8 Election Code <the date of the election, the polling place or
3-9 places>, the numbers of the positions to be filled, the candidates
3-10 for each position and any other matters deemed necessary or
3-11 advisable.
3-12 SECTION 3. Section 130.0821(f), Education Code, is amended
3-13 to read as follows:
3-14 (f) Any election held pursuant to the terms of this section
3-15 shall be conducted in accordance with the applicable provisions of
3-16 <Subsection (i),> Section 130.082 of this code.
3-17 SECTION 4. Section 41.003, Election Code, is amended to read
3-18 as follows:
3-19 Sec. 41.003. Authorized November Elections in Even-Numbered
3-20 Year. Only the following elections may be held on the date of the
3-21 general election for state and county officers:
3-22 (1) a general or special election for officers of the
3-23 federal, state, or county government;
3-24 (2) a general or special election of officers of a
3-25 general-law city if the city's governing body determines that the
4-1 religious beliefs of more than 50 percent of the registered voters
4-2 of the city prohibit voting on Saturday;
4-3 (3) a general or special election of officers of a
4-4 home-rule city with a population under 30,000, if before 1975 the
4-5 general election of the city's officers was held on that date in
4-6 even-numbered years;
4-7 (4) an election on a proposed amendment to the state
4-8 constitution or on another statewide measure submitted by the
4-9 legislature;
4-10 (5) a countywide election on a measure that is ordered
4-11 by a county authority and that affects county government; <and>
4-12 (6) an election on a measure submitted by order of an
4-13 authority of a city described by Subdivision (2) or (3); and
4-14 (7) an election held under Section 130.082, Education
4-15 Code.
4-16 SECTION 5. Sections 130.082(i) and (j) and 130.0821(g),
4-17 Education Code, are repealed.
4-18 SECTION 6. The governing body of each district covered by
4-19 this Act shall adjust the terms of office to conform to the new
4-20 election date.
4-21 SECTION 7. This Act takes effect September 1, 1995.
4-22 SECTION 8. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency an imperative public necessity that the constitutional
4-25 rule requiring bills to be read on three several days in each house
5-1 be suspended, and this rule is hereby suspended, and that this Act
5-2 take effect and be in force from and after its passage, and it is
5-3 so enacted.