1-1 By: Carona S.B. No. 232
1-2 (In the Senate - Filed January 16, 1997; January 21, 1997,
1-3 read first time and referred to Committee on Education;
1-4 February 6, 1997, reported favorably by the following vote: Yeas
1-5 10, Nays 1; February 6, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to an optional majority vote requirement for election of
1-9 trustees in certain independent school districts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 11.057, Education Code, is amended to
1-12 read as follows:
1-13 Sec. 11.057. DETERMINATION OF RESULTS; OPTIONAL MAJORITY
1-14 VOTE REQUIREMENT. (a) Except as provided by Subsection (c), in
1-15 [In] an independent school district in which the positions of
1-16 trustees are designated by number as provided by Section 11.058 or
1-17 in which the trustees are elected from single-member trustee
1-18 districts as provided by Section 11.052, the candidate receiving
1-19 the highest number of votes for each respective position voted on
1-20 is elected [entitled to serve as trustee].
1-21 (b) In a district in which the positions of trustees are not
1-22 designated by number or in which the trustees are not elected from
1-23 single-member trustee districts, the candidates receiving the
1-24 highest number of votes shall fill the positions the terms of which
1-25 are normally expiring.
1-26 (c) The board of trustees of an independent school district
1-27 in which the positions of trustees are designated by number or in
1-28 which the trustees are elected from single-member trustee districts
1-29 as provided by Section 11.052 may provide by resolution, not later
1-30 than the 120th day before the date of an election, that a candidate
1-31 must receive a majority of the votes cast for a position or in a
1-32 trustee district, as applicable, to be elected. A resolution
1-33 adopted under this subsection is effective until rescinded by a
1-34 subsequent resolution adopted not later than the 120th day before
1-35 the date of the first election to which the rescission applies.
1-36 SECTION 2. This Act takes effect September 1, 1997.
1-37 SECTION 3. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended.
1-42 * * * * *