By Gallego                                             H.B. No. 328
         77R1260 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to single-member trustee districts for certain school
 1-3     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)  Except
 1-8     as provided by Subsection (b), the [The] board of trustees of an
 1-9     independent school district, on its own motion, may order that
1-10     trustees of the district are to be elected from single-member
1-11     trustee districts or that not fewer than 70 percent of the members
1-12     of the board of trustees are to be elected from single-member
1-13     trustee districts with the remaining trustees to be elected from
1-14     the district at large.
1-15           (b)  If a majority of the area of an independent school
1-16     district is located in a county with a population of less than
1-17     5,000, the board of trustees of the district, on its own motion,
1-18     may order that trustees of the district are to be elected from
1-19     single-member trustee districts or that not fewer than 50 percent
1-20     of the members of the board of trustees are to be elected from
1-21     single-member trustee districts with the remaining trustees to be
1-22     elected from the district at large.
1-23           (c)  Before adopting an [the] order under Subsection (a)  or
1-24     (b), the board must:
 2-1                 (1)  hold a public hearing at which registered voters
 2-2     of the district are given an opportunity to comment on whether or
 2-3     not they favor the election of trustees in the manner proposed by
 2-4     the board; and
 2-5                 (2)  publish notice of the hearing in a newspaper that
 2-6     has general circulation in the district, not later than the seventh
 2-7     day before the date of the hearing.
 2-8           (d) [(b)]  An order of the board adopted under Subsection (a)
 2-9     or (b) must be entered not later than the 120th day before the date
2-10     of the first election at which all or some of the trustees are
2-11     elected from single-member trustee districts authorized by the
2-12     order.
2-13           (e) [(c)]  If at least 15 percent or 15,000 of the registered
2-14     voters of the school district, whichever is less, sign and present
2-15     to the board of trustees a petition requesting submission to the
2-16     voters of the proposition that trustees of the district be elected
2-17     in a specific manner, which must be generally described on the
2-18     petition and which must be a manner of election that the board
2-19     could have ordered on its own motion under Subsection (a) or (b)
2-20     [from single-member trustee districts or that not fewer than 70
2-21     percent of the members of the board of trustees be elected from
2-22     single-member trustee districts with the remaining trustees to be
2-23     elected from the district at large], the board shall order that the
2-24     appropriate proposition be placed on the ballot at the first
2-25     regular election of trustees held after the 120th day after the
2-26     date the petition is submitted to the board. The proposition must
2-27     specify the number of trustees to be elected from single-member
 3-1     districts. Beginning with the first regular election of trustees
 3-2     held after an election at which a majority of the registered voters
 3-3     voting approve the proposition, trustees of the district shall be
 3-4     elected in the manner prescribed by the approved proposition.
 3-5           (f) [(d)]  If single-member trustee districts are adopted or
 3-6     approved as provided by this section, the board shall divide the
 3-7     school district into the appropriate number of trustee districts,
 3-8     based on the number of members of the board that are to be elected
 3-9     from single-member trustee districts, and shall number each trustee
3-10     district.  The trustee districts must be compact and contiguous and
3-11     must be as nearly as practicable of equal population.  In a
3-12     district with 150,000 or more students in average daily attendance,
3-13     the boundary of a trustee district may not cross a county election
3-14     precinct boundary except at a point at which the boundary of the
3-15     school district crosses the county election precinct boundary.
3-16     Trustee districts must be drawn not later than the 90th day before
3-17     the date of the first election of trustees from those
3-18     [single-member] districts.
3-19           (g) [(e)]  Residents of each trustee district are entitled to
3-20     elect one trustee to the board.  A trustee elected to represent a
3-21     trustee district at the first election of trustees must be a
3-22     resident of the district the trustee represents not later than: (1)
3-23     the 90th day after the date election returns are canvassed; or (2)
3-24     the 60th day after the date of a final judgment in an election
3-25     contest filed concerning that trustee district.  After the first
3-26     election of trustees from single-member trustee districts, a
3-27     candidate for trustee representing a single-member trustee district
 4-1     must be a resident of the district the candidate seeks to
 4-2     represent.  A person appointed to fill a vacancy in a trustee
 4-3     district must be a resident of that trustee district.  A trustee
 4-4     vacates the office if the trustee fails to move into the trustee
 4-5     district the trustee represents within the time provided by this
 4-6     subsection or ceases to reside in the district the trustee
 4-7     represents.  A candidate for trustee representing the district at
 4-8     large must be a resident of the district.
 4-9           (h) [(f)]  At the first election at which some or all of the
4-10     trustees are elected in a manner authorized by this section [from
4-11     trustee districts] and after each redistricting, all positions on
4-12     the board shall be filled.  The trustees then elected shall draw
4-13     lots for staggered terms as provided by Section 11.059.
4-14           (i) [(g)]  Not later than the 90th day before the date of the
4-15     first regular school board election at which trustees may
4-16     officially recognize and act on the last preceding federal census,
4-17     the board shall redivide the district into the appropriate number
4-18     of trustee districts if the census data indicates that the
4-19     population of the most populous district exceeds the population of
4-20     the least populous district by more than 10 percent.  Redivision of
4-21     the district shall be in the manner provided for division of the
4-22     district under Subsection (f) [(d)].
4-23           SECTION 2.  Section 11.053(a), Education Code, is amended to
4-24     read as follows:
4-25           (a)  For an independent school district that adopts a
4-26     redistricting plan under Section 11.052 providing for some [five]
4-27     members of the board to be elected from single-member trustee
 5-1     districts and other [two] members to be elected at large, the board
 5-2     of trustees may provide in the plan for the trustees then in office
 5-3     to serve at large for the remainder of their terms in accordance
 5-4     with this section.
 5-5           SECTION 3.  This Act takes effect September 1, 2001.