JLM S.B. 232 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 232
By: Carona (Garcia)
5-18-97
Committee Report (Amended)



BACKGROUND 

Currently, Texas law does not authorize the board of trustees in certain
independent school districts to require candidates to receive a majority
of votes to be elected. Therefore, given variable voter turnout it is
possible in an election with several candidates that a candidate will be
elected who has less than majority support from the voters. S.B. 232
authorizes such boards of trustees to require that a only a majority
winner be elected. 

PURPOSE

As proposed, S.B. 232 authorizes the board of trustees in an independent
school district in which the positions of trustees are designated by
number or in which the trustees are elected from single-member districts
to require a candidate to receive a majority of votes to be elected. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.057, Education Code, as follows:
  Sec. 11.057. New heading: DETERMINATION OF RESULTS; OPTIONAL   MAJORITY
VOTE REQUIREMENT. Provides that except as provided by   Subsection (c), in
an independent school district in which the positions of trustees   are
designated by number or in which the trustees are elected from
single-member   trustee districts, the candidate receiving the highest
number of votes for each   respective position voted on is elected.
Requires the candidates in such a district   who receive the highest
number of votes to fill the positions. Authorizes the board   of trustees
in such districts to provide by resolution, not later than the 120th day
before the date of an election, that a candidate must receive a majority
of the votes   cast for a position. Provides that a resolution adopted
under this subsection is   effective until rescinded by a subsequent
resolution adopted not later than the   120th day before the date of the
first election to which the rescission applies. 

SECTION 2. School district is not required to elect trustees in a manner
other than the manner   the district was using to elect trustees on June
1, 1997. 

SECTION 3. Effective Date.

SECTION 4. Emergency Clause.

EXPLANATION OF AMENDMENTS

AMENDMENT 1. Amends Section 11.056(b) of the Education Code by striking
the word    "30th" and inserting the word "45th", thereby changing the day
on which a    candidate must file declaration of write-in candidacy. 

    As well,  a conforming amendment is incorporated in this section which
allows the deadline for write-in candidacy to be extended to the 42nd day
before an election if a candidate whose name appears on the ballot is
declared ineligible or dies after the 48th day of the election. 

AMENDMENT 2.  States that once the board of trustees of an independent
school district has    adopted the provisions of this section, neither the
board of trustees nor    their successors may rescind the action.