HBA-MSH H.B. 2862 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2862 By: Sadler Public Education 3/26/2001 Introduced BACKGROUND AND PURPOSE Under current law, a board of trustees of an independent school district (board) is authorized to hold an election of trustees on dates different from other elections in the area. Trustees are also elected for terms of three or four years. The high turnover and frequent elections may decrease voter turnout. House Bill 2862 requires boards to hold elections on the same dates of other area elections, sets trustee terms at three or six years, and authorizes voters to petition to change the manner in which trustees are elected. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2862 amends the Education Code to require an independent school district (district) to hold the election of trustees on a date on which at least one other political subdivision in the territory of the district holds an election. The bill requires the board of trustees of the district (board) to enter into an agreement to hold elections jointly with the governing body of at least one other political subdivision holding an election on that date in the territory of the district. The bill sets forth provisions relating to the joint election agreement and common polling places. H.B. 2862 also requires the board of a school district that has an enrollment of at least 50,000 students to order an appropriate resolution be placed on an election ballot if at least five percent or 10,000 of the registered voters of a district, whichever is less, sign and present to the board of trustees of the district a petition requesting submission to the voters of the proposition that trustees of the district be selected in the manner specified by the petition rather than in the manner in which the trustees are currently selected if the manner specified by the proposition is authorized by law. The proposition is to be placed on the ballot at the first regular election of trustees held after the 120th day after the date the petition is submitted to the board. Beginning with the first regular election of trustees held after an election at which the majority of the voters approved the proposition, trustees are required to be selected in the manner prescribed by the approved proposition. The bill prohibits the selection of trustees in the new manner for more than 10 years after the date of the first election held in the new manner unless the trustees order by resolution that elections continue to be held in the new manner. If the method proposed by petition is election from singlemember districts, the bill provides that existing provisions relating to single-member districts apply. The bill modifies the terms of trustees to three or six years rather than three or four years. The bill sets forth provisions relating to the transition from four year terms to three or six year terms. EFFECTIVE DATE September 1, 2001. The provisions relating to joint elections apply to an election held after November 30, 2001.