SRC-CTC, MKV S.B. 1705 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1705
77R3348 ESH-FBy: Van de Putte
Education
4/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, a board of trustees of an independent school district that
changes to single member district plans must, as a general rule, fill all
positions on the board at the first single member district trustee election
and in the subsequent redistricting of their election systems.  However,
districts that adopt a "52 plan" have the option to use a staggered term
process at the first single member district trustee election and in the
subsequent redistricting of their election systems.   
As proposed, S.B. 1705 authorizes all single-member district plans
utilizing single-member districts with staggered terms to be given the
option to allow incumbent trustees to serve the unexpired portion of their
terms by phasing in redrawn districts. 

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 Sections 11.052(f) and (g), Education Code, as follows:

(f) Adds language to require all positions on the board to be filled,
unless the board of trustees determines the positions should be filled as
provided by Section 11.053 as the terms of the trustees then in office
expire.  Also adds language to require, if all the positions are filled,
the trustees then elected to draw lots for staggered terms that comply with
Section 11.059. 

(g) Changes reference from "redivide the district" to "redistrict the
school district," and changes reference from "the most populous district"
to "the most populous trustee district."  Makes conforming changes. 

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.  (a) Authorizes the board of
trustees of an independent school district 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 language relating
to the provision for five members of the board to be elected from
singlemember trustee districts and two members to be elected at large.
Makes a conforming change. 

  (b) Makes conforming changes.

Deletes Subsection (c) authorizing  the trustees of a district to which
this section applies to also provide for members serving at the time of a
redistricting to serve for the remainder of their terms. 

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