By Danburg                                            H.B. No. 3329
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to election procedures for independent school districts
 1-3     electing some or all trustees from single-member trustee districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11.052, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 11.052.  SINGLE-MEMBER TRUSTEE DISTRICTS.  (a)  The
 1-8     board of trustees of an independent school district, on its own
 1-9     motion, may order that trustees of the district are to be elected
1-10     from single-member trustee districts or that not fewer than 70
1-11     percent of the members of the board of trustees are to be elected
1-12     from single-member trustee districts with the remaining trustees to
1-13     be elected from the district at large.  Before adopting the order,
1-14     the board must:
1-15                 (1)  hold a public hearing at which residents
1-16     [registered voters] of the district are given an opportunity to
1-17     comment on whether or not they favor the election of trustees in
1-18     the manner proposed by the board; and
1-19                 (2)  publish notice of the hearing in a newspaper that
1-20     has general circulation in the district, not later than the seventh
1-21     day before the date of the hearing.
 2-1           (b)  An order of the board adopted under Subsection (a) must
 2-2     be entered not later than the 150th [120th] day before the date of
 2-3     the first election at which all or some of the trustees are elected
 2-4     from single-member trustee districts.
 2-5           (c)  If at least 15 percent or 15,000 of the registered
 2-6     voters of the school district, whichever is less, sign and present
 2-7     to the board of trustees a petition requesting submission to the
 2-8     voters of the proposition that trustees of the district be elected
 2-9     from single-member trustee districts or that not fewer than 70
2-10     percent of the members of the board of trustees be elected from
2-11     single-member trustee districts with the remaining trustees to be
2-12     elected from the district at large, the board shall order that the
2-13     appropriate proposition be placed on the ballot at the first
2-14     regular election of trustees held after the 150th [120th] day after
2-15     the date of the board's order.  The board must consider the
2-16     petition at the first board meeting for which notice can be posted
2-17     in compliance with Chapter 551, Government Code, following the
2-18     receipt of the petition [the petition is submitted to the board].
2-19     The proposition must specify the number of trustees to be elected
2-20     from single-member districts.  Beginning with the first regular
2-21     election of trustees held after an election at which a majority of
2-22     the registered voters voting approve the proposition, trustees of
2-23     the district shall be elected in the manner prescribed by the
2-24     approved proposition.
2-25           (d)  If single-member trustee districts are adopted or
 3-1     approved as provided by this section, the board shall divide the
 3-2     school district into the appropriate number of trustee districts,
 3-3     based on the number of members of the board that are to be elected
 3-4     from single-member trustee districts, and shall number each trustee
 3-5     district.  The trustee districts must be compact and contiguous and
 3-6     must be as nearly as practicable of equal population.  In a
 3-7     district with 150,000 or more students in average daily attendance,
 3-8     the boundary of a trustee district may not cross a county election
 3-9     precinct boundary except at a point at which the boundary of the
3-10     school district crosses the county election precinct boundary.
3-11     Trustee districts must be drawn and adopted  not later than the
3-12     150th [90th] day before the date of the first election of trustees
3-13     from single-member districts.
3-14           (e)  Residents of each trustee district are entitled to elect
3-15     one trustee to the board.  A trustee elected to represent a trustee
3-16     district at the first election of trustees must be a resident of
3-17     the district the trustee represents not later than:
3-18                 (1)  the 90th day after the date election returns are
3-19     canvassed; or
3-20                 (2)  the 60th day after the date of a final judgment in
3-21     an election contest filed concerning that trustee district.  After
3-22     the first election of trustees from single-member trustee districts
3-23     and the first election after each redistricting, a candidate for
3-24     trustee representing a single-member trustee district must be a
3-25     resident of the district the candidate seeks to represent.  A
 4-1     person appointed to fill a vacancy in a trustee district must be a
 4-2     resident of that trustee district.  A trustee vacates the office if
 4-3     the trustee fails to move into the trustee district the trustee
 4-4     represents within the time provided by this subsection or ceases to
 4-5     reside in the district the trustee represents.  A candidate for
 4-6     trustee representing the district at large must be a resident of
 4-7     the school district.
 4-8           (f)  At the first election at which some or all of the
 4-9     trustees are elected from trustee districts and after each
4-10     redistricting, the trustee district and at-large positions may be
4-11     filled as the staggered terms of incumbent trustees expire or the
4-12     board may determine that all trustee positions may be filed at the
4-13     first election after redistricting. Not later than the 150th day
4-14     before the date of the first election at which some or all of the
4-15     trustees are elected from trustee districts and after each
4-16     redistricting, the board shall determine the phase-in order of the
4-17     single-member and at-large positions, if any, providing for members
4-18     serving at the time of the first election or redistricting to serve
4-19     for the remainder of their terms. If the board determines that all
4-20     trustee positions may be filled at the first election or after each
4-21     redistricting, all positions on the board shall be filled[.] and
4-22     the  [The] trustees then elected shall draw lots for staggered
4-23     terms as provided by Section 11.059.
4-24           (g)  Not later than the 150th [90th] before the date of the
4-25     first regular school board election at which trustees may
 5-1     officially recognize and act on the last preceding federal census,
 5-2     the board shall redistrict [redivide] the school district into the
 5-3     appropriate number of trustee districts if the census data
 5-4     indicates that the population of the most populous trustee district
 5-5     exceeds the population of the least populous trustee district by
 5-6     more than 10 percent.  Redistricting [Redivision] of the school
 5-7     district shall be in the manner provided for division of the school
 5-8     district under Subsection (d).
 5-9           SECTION 2.  Section 11.053, Education Code, is amended to
5-10     read as follows:
5-11           Sec. 11.053.  TRANSITION TO SINGLE-MEMBER DISTRICTS: OPTION
5-12     TO CONTINUE IN OFFICE.  (a)  For an independent school district
5-13     that adopts any single member district [a redistricting] plan under
5-14     Section 11.052 [providing for five members of the board to be
5-15     elected from single-member trustee districts and two members to be
5-16     elected at large], the board of trustees may provide in the plan
5-17     for the trustees in office to serve at large for the remainder of
5-18     their terms in accordance with this section.
5-19           (b)  The trustee district and at-large positions provided by
5-20     the district's plan shall be filled as the staggered terms of
5-21     incumbent trustees expire.  Not later than the 150th [90th] day
5-22     before the date of the first election from trustee districts, the
5-23     board shall determine the phase-in order of the single member and
5-24     at-large positions, if any, providing for members serving at the
5-25     time of the first election or redistricting to serve for the
 6-1     remainder of their terms [by lot the order in which the positions
 6-2     will be filled].
 6-3           (c)  The trustees of a district to which this section applies
 6-4     may also provide for members serving at the time of a redistricting
 6-5     to serve for the remainder of their terms.
 6-6           SECTION 3.  This Act takes effect September 1, 2000.
 6-7           SECTION 4.  The importance of this legislation and the
 6-8     crowded condition of the calendars in both houses create an
 6-9     emergency and an imperative public necessity that the
6-10     constitutional rule requiring bill to be read on three several days
6-11     in each house be suspended, and this rule is hereby suspended, and
6-12     that this Act take effect and be in force from and after its
6-13     passage, and is so enacted.