SRC-HRD S.B. 232 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 232
By: Carona
Education
1-23-97
As Filed


DIGEST 

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 singlemember districts to
require a candidate to receive a majority of votes to be elected. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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subsection is effective until rescinded by a subsequent resolution adopted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.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.