SRC-CTC C.S.H.B. 328 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 328
By: Gallego (Madla)
Education
5/9/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the board of trustees (board) of an independent school district
(district), on its own motion, may order trustees of the district to be
elected from single-member districts, or that a certain amount be elected
from single-member districts, with the remainder being elected at-large.
However, smaller districts can have difficulty finding individuals to fill
seats in single-member districts.  C.S.H.B. 328 authorizes a board, if a
majority of the district is located in a county with a population of less
than 10,000, to order that no fewer than 50 percent of trustees be elected
from single-member districts, with the remainder of the trustees elected
at-large. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.052, Education Code, as follows:

 (a) Provides an exception to this subsection.  

(b) Authorizes the board of trustees (board) of an independent school
district (district), if a majority of the area of the district is located
in a county with a population of less than 10,000, on its own motion to
order that trustees of the district be elected from single-member trustee
districts or that not fewer than 50 percent of the members of the board be
elected from single-member trustee districts with the remaining trustees to
be elected from the district at large.   

  (c) Makes conforming changes.

  (d) Makes a conforming change.

(e) Sets forth certain requirements of the board if a certain number of
registered voters of the school district sign and present to the board a
petition requesting submission to the voters of the proposition that
trustees of the district be elected in a specific manner, which must be
generally described on the petition and which be a manner of election that
the board could have ordered on its own motion under Subsection (a) or (b).
Deletes existing text relating to single member districts.   

  (f) Makes a conforming change.

(h) Makes a conforming change.

  (i) Makes a conforming change.

 SECTION 2.  Amends Section 11.053, Education Code, as follows:

Sec. 11.053.  New heading:  OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION
OF SINGLE-MEMBER PLAN OR REDISTRICTING.  Authorizes a board that adopts a
redistricting plan under Section 11.052 to provide for the trustees in
office when the plan is adopted or the school district is redistricted to
serve for the remainder of their terms in accordance with this section.
Deletes existing text relating to single member districts. Requires the
trustee district and any at-large positions provided by the district's plan
to be filled as the staggered terms of trustees then in office expire.
Requires the board, not later than the 90th day before the date of the
first election from trustee districts and after each redistricting, to
determine the order in which the positions will be filled.  Deletes
existing text relating to serving for the remainder of a term. 

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends Engrossed H.B. 328 by removing proposed text to Section 11.052(g),
Education Code, to maintain existing text.