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 Provides that a resolution adopted under this subsection is effective until rescinded by a subsequent resolution adopted not later than the 120th day before the date of the first election to which the rescission applies.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.