By Ellis S.B. No. 1707
76R6936 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition of the State Board of Education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7.101, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 7.101. COMPOSITION. (a) The State Board of Education
1-7 is composed of 15 members appointed by the governor with the advice
1-8 and consent of the senate [elected from districts. Each district
1-9 from which a board member is elected is composed as provided by
1-10 former Sections 11.2101(b)-(t), as enacted by Chapter 2, Acts of
1-11 the 72nd Legislature, 2nd Called Session, 1991].
1-12 (b) An appointment to the board shall be made without regard
1-13 to the race, creed, sex, religion, or national origin of the
1-14 appointed member [Members of the board are elected at biennial
1-15 general elections held in compliance with the Election Code].
1-16 SECTION 2. Sections 7.103(a) and (b), Education Code, are
1-17 amended to read as follows:
1-18 (a) A person is not eligible for appointment [election] to
1-19 or service on the board if the person holds an office with this
1-20 state or any political subdivision of this state.
1-21 (b) [A person may not be elected from or serve in a district
1-22 who is not a bona fide resident of the district with one year's
1-23 continuous residence before election.] A person is not eligible
1-24 for appointment [election] to or service on the board unless the
2-1 person has resided in this state for not less than one year, is a
2-2 qualified voter of the state, [district in which the person
2-3 resides] and is at least 26 years of age.
2-4 SECTION 3. Section 7.104, Education Code, is amended to read
2-5 as follows:
2-6 Sec. 7.104. TERMS. (a) Members [At each general election
2-7 immediately following a decennial reapportionment of districts, one
2-8 member shall be elected to the board from each district. Except as
2-9 provided by Subsection (b), members] of the board serve staggered
2-10 terms of four years, with the terms of eight members expiring on
2-11 February [January] 1 of one odd-numbered year and the terms of
2-12 seven members expiring on February [January] 1 of the next
2-13 odd-numbered year.
2-14 (b) [Seven members of the board elected at each general
2-15 election following a decennial reapportionment of districts shall
2-16 serve two-year terms and eight members shall serve four-year terms.
2-17 Members shall draw lots to determine who serves which terms.]
2-18 [(c)] If a position on the board becomes vacant, the
2-19 governor shall fill the vacancy as soon as possible by appointing a
2-20 qualified person [from the affected district] with the advice and
2-21 consent of the senate. A person appointed to fill a vacancy serves
2-22 only for the remainder of the unexpired term.
2-23 [(d) A vacancy that occurs at a time when it is impossible
2-24 to place the name of a candidate for the unexpired term on the
2-25 general election ballot is filled by appointment, as prescribed by
2-26 Subsection (c).]
2-27 [(e) An appointment to a vacancy on the board shall be made
3-1 without regard to the race, creed, sex, religion, or national
3-2 origin of the appointed member.]
3-3 SECTION 4. Section 7.107(b), Education Code, is amended to
3-4 read as follows:
3-5 (b) At the board's first regular meeting after the
3-6 appointment [election] and qualification of new members, the board
3-7 shall organize, adopt rules of procedure, and elect by separate
3-8 votes a vice chair and a secretary.
3-9 SECTION 5. Section 42.005(a), Election Code, is amended to
3-10 read as follows:
3-11 (a) A county election precinct, including a consolidated
3-12 precinct, may not contain territory from more than one of each of
3-13 the following types of territorial units:
3-14 (1) a commissioners precinct;
3-15 (2) a justice precinct;
3-16 (3) a congressional district;
3-17 (4) a state representative district;
3-18 (5) a state senatorial district; or
3-19 (6) a ward in a city with a population of 10,000 or
3-20 more[; or]
3-21 [(7) a State Board of Education district].
3-22 SECTION 6. Section 52.092(d), Election Code, is amended to
3-23 read as follows:
3-24 (d) District offices of the state government shall be listed
3-25 in the following order:
3-26 (1) [member, State Board of Education;]
3-27 [(2)] state senator;
4-1 (2) [(3)] state representative;
4-2 (3) [(4)] chief justice, court of appeals;
4-3 (4) [(5)] justice, court of appeals;
4-4 (5) [(6)] district judge;
4-5 (6) [(7)] criminal district judge;
4-6 (7) [(8)] family district judge;
4-7 (8) [(9)] district attorney;
4-8 (9) [(10)] criminal district attorney.
4-9 SECTION 7. Section 68.001(a), Election Code, is amended to
4-10 read as follows:
4-11 (a) The secretary of state shall tabulate the unofficial
4-12 results as provided by this subchapter in each primary election and
4-13 general election for state and county officers on each proposed
4-14 amendment to the state constitution and for each contested race for
4-15 nomination or election to:
4-16 (1) a federal office or statewide office of the state
4-17 government;
4-18 (2) the office of state senator; and
4-19 (3) the office of state representative[; and]
4-20 [(4) the office of member, State Board of Education].
4-21 SECTION 8. Section 172.024(a), Election Code, is amended to
4-22 read as follows:
4-23 (a) The filing fee for a candidate for nomination in the
4-24 general primary election is as follows:
4-25 (1) United States senator ..................... $4,000
4-26 (2) office elected statewide, except United States
4-27 senator ..................................................... 3,000
5-1 (3) United States representative ............... 2,500
5-2 (4) state senator .............................. 1,000
5-3 (5) state representative ......................... 600
5-4 (6) [member, State Board of Education ............ 250]
5-5 [(7)] chief justice or justice, court of appeals,
5-6 other than a justice specified by Subdivision (7) [(8)] ..... 1,500
5-7 (7) [(8)] chief justice or justice of a court of
5-8 appeals that serves a court of appeals district in which a county
5-9 with a population of more than 850,000 is wholly or partly
5-10 situated .................................................... 2,000
5-11 (8) [(9)] district judge or judge specified by Section
5-12 52.092(d) for which this schedule does not otherwise prescribe a
5-13 fee ......................................................... 1,200
5-14 (9) [(10)] district or criminal district judge of a
5-15 court in a judicial district wholly contained in a county with a
5-16 population of more than 850,000 ............................. 2,000
5-17 (10) [(11)] judge, statutory county court, other than
5-18 a judge specified by Subdivision (11) [(12)] ................ 1,200
5-19 (11) [(12)] judge of a statutory county court in a
5-20 county with a population of more than 850,000 ............... 2,000
5-21 (12) [(13)] district attorney, criminal district
5-22 attorney, or county attorney performing the duties of a district
5-23 attorney .................................................... 1,000
5-24 (13) [(14)] county commissioner or judge,
5-25 constitutional county court:
5-26 (A) county with a population of 200,000 or
5-27 more ........................................................ 1,000
6-1 (B) county with a population of under
6-2 200,000 ....................................................... 600
6-3 (14) [(15)] justice of the peace or constable:
6-4 (A) county with a population of 200,000 or
6-5 more .......................................................... 800
6-6 (B) county with a population of under
6-7 200,000 ....................................................... 300
6-8 (15) [(16)] county surveyor, inspector of hides and
6-9 animals, or public weigher ..................................... 50
6-10 (16) [(17)] office of the county government for which
6-11 this schedule does not otherwise prescribe a fee .............. 600
6-12 SECTION 9. Section 252.005, Election Code, is amended to
6-13 read as follows:
6-14 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
6-15 CANDIDATE. An individual must file a campaign treasurer
6-16 appointment for the individual's own candidacy with:
6-17 (1) the commission, if the appointment is made for
6-18 candidacy for:
6-19 (A) a statewide office;
6-20 (B) a district office filled by voters of more
6-21 than one county;
6-22 (C) state senator; or
6-23 (D) state representative[; or]
6-24 [(E) the State Board of Education];
6-25 (2) the county clerk, if the appointment is made for
6-26 candidacy for a county office, a precinct office, or a district
6-27 office other than one included in Subdivision (1);
7-1 (3) the clerk or secretary of the governing body of
7-2 the political subdivision or, if the political subdivision has no
7-3 clerk or secretary, with the governing body's presiding officer, if
7-4 the appointment is made for candidacy for an office of a political
7-5 subdivision other than a county;
7-6 (4) the county clerk if:
7-7 (A) the appointment is made for candidacy for an
7-8 office of a political subdivision other than a county;
7-9 (B) the governing body for the political
7-10 subdivision has not been formed; and
7-11 (C) no boundary of the political subdivision
7-12 crosses a boundary of the county; or
7-13 (5) the commission if:
7-14 (A) the appointment is made for candidacy for an
7-15 office of a political subdivision other than a county;
7-16 (B) the governing body for the political
7-17 subdivision has not been formed; and
7-18 (C) the political subdivision is situated in
7-19 more than one county.
7-20 SECTION 10. Section 323.0145(a)(2), Government Code, is
7-21 amended to read as follows:
7-22 (2) "Legislative information" means:
7-23 (A) a list of all the members of each house of
7-24 the legislature;
7-25 (B) a list of the committees of the legislature
7-26 and their members;
7-27 (C) the full text of each bill as filed and as
8-1 subsequently amended, substituted, engrossed, or enrolled in either
8-2 house of the legislature;
8-3 (D) the full text of each amendment or
8-4 substitute adopted by a legislative committee for each bill filed
8-5 in either house of the legislature;
8-6 (E) the calendar of each house of the
8-7 legislature, the schedule of legislative committee hearings, and a
8-8 list of the matters pending on the floor of each house of the
8-9 legislature;
8-10 (F) detailed procedural information about how a
8-11 bill filed in either house of the legislature becomes law,
8-12 including detailed timetable information concerning the times under
8-13 the constitution or the rules of either house when the legislature
8-14 may take certain actions on a bill;
8-15 (G) the district boundaries or other identifying
8-16 information for the following districts in Texas:
8-17 (i) house of representatives;
8-18 (ii) senate; and
8-19 (iii) [State Board of Education; and]
8-20 [(iv)] United States Congress; and
8-21 (H) other information related to the legislative
8-22 process that in the council's opinion should be made available
8-23 through the Internet.
8-24 SECTION 11. Section 572.002(4), Government Code, is amended
8-25 to read as follows:
8-26 (4) "Elected officer" means:
8-27 (A) a member of the legislature;
9-1 (B) an executive or judicial officer elected in
9-2 a statewide election;
9-3 (C) a judge of a court of appeals or of a
9-4 district court;
9-5 (D) [a member of the State Board of Education;]
9-6 [(E)] a district attorney or criminal district
9-7 attorney; or
9-8 (E) [(F)] an individual appointed to fill a
9-9 vacancy in an office or appointed to a newly created office who, if
9-10 elected to the office instead of appointed, would be an elected
9-11 officer under this subdivision.
9-12 SECTION 12. Section 572.003(c), Government Code, is amended
9-13 to conform to Section 52(b), Chapter 1041, Acts of the 75th
9-14 Legislature, Regular Session, 1997, and is amended to read as
9-15 follows:
9-16 (c) The term means a member of:
9-17 (1) the Public Utility Commission of Texas;
9-18 (2) the Texas Department of Economic Development
9-19 [Commerce];
9-20 (3) the Texas Natural Resource Conservation
9-21 Commission;
9-22 (4) the Texas Alcoholic Beverage Commission;
9-23 (5) the [The] Finance Commission of Texas;
9-24 (6) the General Services Commission;
9-25 (7) the Texas Board of Criminal Justice;
9-26 (8) the board of trustees of the Employees Retirement
9-27 System of Texas;
10-1 (9) the Texas Transportation Commission;
10-2 (10) the Texas Workers' Compensation Commission;
10-3 (11) the State Board of Insurance;
10-4 (12) the Parks and Wildlife Commission;
10-5 (13) the Public Safety Commission;
10-6 (14) the Texas Ethics Commission;
10-7 (15) the State Securities Board;
10-8 (16) the Texas Water Development Board;
10-9 (17) the governing board of a public senior college or
10-10 university as defined by Section 61.003, Education Code, or of The
10-11 University of Texas Southwestern Medical Center at Dallas, The
10-12 University of Texas Medical Branch at Galveston, The University of
10-13 Texas Health Science Center at Houston, The University of Texas
10-14 Health Science Center at San Antonio, The University of Texas
10-15 System Cancer Center, The University of Texas Health Science Center
10-16 at Tyler, University of North Texas Health Science Center at Fort
10-17 Worth, Texas Tech University Health Sciences Center, Texas State
10-18 Technical College--Amarillo, Texas State Technical
10-19 College--Harlingen, Texas State Technical College--Sweetwater, or
10-20 Texas State Technical College--Waco;
10-21 (18) the Texas Higher Education Coordinating Board;
10-22 (19) the Texas Employment Commission;
10-23 (20) the State Banking Board;
10-24 (21) the board of trustees of the Teacher Retirement
10-25 System of Texas;
10-26 (22) the Credit Union Commission;
10-27 (23) the School Land Board;
11-1 (24) the board of the Texas Department of Housing and
11-2 Community Affairs;
11-3 (25) the Texas Racing Commission;
11-4 (26) the State Board of Dental Examiners;
11-5 (27) the Texas Board of Licensure for Nursing Home
11-6 Administrators;
11-7 (28) the Texas State Board of Medical Examiners;
11-8 (29) the Board of Pardons and Paroles;
11-9 (30) the State Board of Pharmacy;
11-10 (31) the Department of Information Resources governing
11-11 board;
11-12 (32) the Motor Vehicle Board;
11-13 (33) the Texas Real Estate Commission;
11-14 (34) the board of directors of the State Bar of Texas;
11-15 (35) the bond review board;
11-16 (36) the Texas Board of Health;
11-17 (37) the Texas Board of Mental Health and Mental
11-18 Retardation;
11-19 (38) the Texas Board on Aging;
11-20 (39) the Texas Board of Human Services;
11-21 (40) the Texas Funeral Service Commission;
11-22 (41) the board of directors of a river authority
11-23 created under the Texas Constitution or a statute of this state;
11-24 [or]
11-25 (42) the Texas Lottery Commission; or
11-26 (43) the State Board of Education.
11-27 SECTION 13. Section 7.108, Education Code, and Chapter 2,
12-1 Acts of the 72nd Legislature, 2nd Called Session, 1991, are
12-2 repealed.
12-3 SECTION 14. (a) The terms of office of members of the State
12-4 Board of Education elected under Section 7.101, Education Code, or
12-5 appointed under Section 7.104, Education Code, as those sections
12-6 existed before amendment by this Act, expire on the date of the
12-7 first meeting of the State Board of Education appointed under
12-8 Section 7.101, Education Code, as amended by this Act. The chair
12-9 of the appointed board designated by the governor shall call the
12-10 first meeting as soon as possible after the governor has appointed
12-11 all members of the board and the members have qualified. The
12-12 governor shall make those appointments as soon as possible after
12-13 this Act takes effect.
12-14 (b) Of the members of the first board appointed under
12-15 Section 7.101, Education Code, as amended by this Act, eight serve
12-16 terms expiring February 1, 2001, and seven serve terms expiring
12-17 February 1, 2003. The members shall draw lots to determine the
12-18 length of their terms.
12-19 (c) Rules of the State Board of Education that are in effect
12-20 on the date of the first meeting of the State Board of Education
12-21 appointed under Section 7.101, as amended by this Act, remain in
12-22 effect until superseded by rules of the appointed board.
12-23 SECTION 15. The repeal by this Act of Section 7.108,
12-24 Education Code, does not apply to an offense committed under that
12-25 section before the effective date of the repeal. An offense
12-26 committed before that date is covered by that section as it existed
12-27 on the date the offense was committed, and the former law is
13-1 continued in effect for that purpose.
13-2 SECTION 16. (a) In addition to the substantive changes made
13-3 by this Act, this Act conforms Section 572.003(c), Government Code,
13-4 to Section 52(b), Chapter 1041, Acts of the 75th Legislature,
13-5 Regular Session, 1997.
13-6 (b) To the extent of any conflict, this Act prevails over
13-7 another Act of the 76th Legislature, Regular Session, 1999,
13-8 relating to nonsubstantive additions to and corrections in enacted
13-9 codes.
13-10 SECTION 17. The importance of this legislation and the
13-11 crowded condition of the calendars in both houses create an
13-12 emergency and an imperative public necessity that the
13-13 constitutional rule requiring bills to be read on three several
13-14 days in each house be suspended, and this rule is hereby suspended,
13-15 and that this Act take effect and be in force from and after its
13-16 passage, and it is so enacted.