1-1     By:  Gallego, Turner of Coleman, Hawley                H.B. No. 328
 1-2          (Senate Sponsor - Madla)
 1-3           (In the Senate - Received from the House April 25, 2001;
 1-4     April 26, 2001, read first time and referred to Committee on
 1-5     Education; May 9, 2001, reported adversely, with favorable
 1-6     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-7     May 9, 2001, sent to printer.)
 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 328             By:  Van de Putte
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to single-member trustee districts for certain school
1-12     districts.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 11.052, Education Code, is amended to
1-15     read as follows:
1-16           Sec. 11.052.  SINGLE-MEMBER TRUSTEE DISTRICTS.  (a)  Except
1-17     as provided by Subsection (b), the [The] board of trustees of an
1-18     independent school district, on its own motion, may order that
1-19     trustees of the district are to be elected from single-member
1-20     trustee districts or that not fewer than 70 percent of the members
1-21     of the board of trustees are to be elected from single-member
1-22     trustee districts with the remaining trustees to be elected from
1-23     the district at large.
1-24           (b)  If a majority of the area of an independent school
1-25     district is located in a county with a population of less than
1-26     10,000, the board of trustees of the district, on its own motion,
1-27     may order that trustees of the district are to be elected from
1-28     single-member trustee districts or that not fewer than 50 percent
1-29     of the members of the board of trustees are to be elected from
1-30     single-member trustee districts with the remaining trustees to be
1-31     elected from the district at large.
1-32           (c)  Before adopting an [the] order under Subsection (a)  or
1-33     (b), the board must:
1-34                 (1)  hold a public hearing at which registered voters
1-35     of the district are given an opportunity to comment on whether or
1-36     not they favor the election of trustees in the manner proposed by
1-37     the board; and
1-38                 (2)  publish notice of the hearing in a newspaper that
1-39     has general circulation in the district, not later than the seventh
1-40     day before the date of the hearing.
1-41           (d) [(b)]  An order of the board adopted under Subsection (a)
1-42     or (b) must be entered not later than the 120th day before the date
1-43     of the first election at which all or some of the trustees are
1-44     elected from single-member trustee districts authorized by the
1-45     order.
1-46           (e) [(c)]  If at least 15 percent or 15,000 of the registered
1-47     voters of the school district, whichever is less, sign and present
1-48     to the board of trustees a petition requesting submission to the
1-49     voters of the proposition that trustees of the district be elected
1-50     in a specific manner, which must be generally described on the
1-51     petition and which must be a manner of election that the board
1-52     could have ordered on its own motion under Subsection (a) or (b)
1-53     [from single-member trustee districts or that not fewer than 70
1-54     percent of the members of the board of trustees be elected from
1-55     single-member trustee districts with the remaining trustees to be
1-56     elected from the district at large], the board shall order that the
1-57     appropriate proposition be placed on the ballot at the first
1-58     regular election of trustees held after the 120th day after the
1-59     date the petition is submitted to the board. The proposition must
1-60     specify the number of trustees to be elected from single-member
1-61     districts. Beginning with the first regular election of trustees
1-62     held after an election at which a majority of the registered voters
1-63     voting approve the proposition, trustees of the district shall be
1-64     elected in the manner prescribed by the approved proposition.
 2-1           (f) [(d)]  If single-member trustee districts are adopted or
 2-2     approved as provided by this section, the board shall divide the
 2-3     school district into the appropriate number of trustee districts,
 2-4     based on the number of members of the board that are to be elected
 2-5     from single-member trustee districts, and shall number each trustee
 2-6     district.  The trustee districts must be compact and contiguous and
 2-7     must be as nearly as practicable of equal population.  In a
 2-8     district with 150,000 or more students in average daily attendance,
 2-9     the boundary of a trustee district may not cross a county election
2-10     precinct boundary except at a point at which the boundary of the
2-11     school district crosses the county election precinct boundary.
2-12     Trustee districts must be drawn not later than the 90th day before
2-13     the date of the first election of trustees from those
2-14     [single-member] districts.
2-15           (g) [(e)]  Residents of each trustee district are entitled to
2-16     elect one trustee to the board.  A trustee elected to represent a
2-17     trustee district at the first election of trustees must be a
2-18     resident of the district the trustee represents not later than:
2-19     (1) the 90th day after the date election returns are canvassed; or
2-20     (2) the 60th day after the date of a final judgment in an election
2-21     contest filed concerning that trustee district.  After the first
2-22     election of trustees from single-member trustee districts, a
2-23     candidate for trustee representing a single-member trustee district
2-24     must be a resident of the district the candidate seeks to
2-25     represent.  A person appointed to fill a vacancy in a trustee
2-26     district must be a resident of that trustee district.  A trustee
2-27     vacates the office if the trustee fails to move into the trustee
2-28     district the trustee represents within the time provided by this
2-29     subsection or ceases to reside in the district the trustee
2-30     represents.  A candidate for trustee representing the district at
2-31     large must be a resident of the district.
2-32           (h) [(f)]  At the first election at which some or all of the
2-33     trustees are elected in a manner authorized by this section [from
2-34     trustee districts] and after each redistricting, all positions on
2-35     the board shall be filled.  The trustees then elected shall draw
2-36     lots for staggered terms as provided by Section 11.059.
2-37           (i) [(g)]  Not later than the 90th day before the date of the
2-38     first regular school board election at which trustees may
2-39     officially recognize and act on the last preceding federal census,
2-40     the board shall redivide the district into the appropriate number
2-41     of trustee districts if the census data indicates that the
2-42     population of the most populous district exceeds the population of
2-43     the least populous district by more than 10 percent.  Redivision of
2-44     the district shall be in the manner provided for division of the
2-45     district under Subsection (f) [(d)].
2-46           SECTION 2.  Section 11.053, Education Code, is amended to
2-47     read as follows:
2-48           Sec. 11.053.  [TRANSITION TO SINGLE-MEMBER DISTRICTS:]
2-49     OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF SINGLE-MEMBER
2-50     PLAN OR REDISTRICTING. (a)  The board of trustees of [For] an
2-51     independent school district that adopts a redistricting plan under
2-52     Section 11.052 [providing for five members of the board to be
2-53     elected from single-member trustee districts and two members to be
2-54     elected at large, the board of trustees] may provide [in the plan]
2-55     for the trustees [then] in office when the plan is adopted or the
2-56     school district is redistricted to serve [at large] for the
2-57     remainder of their terms in accordance with this section.
2-58           (b)  The trustee district and any at-large positions provided
2-59     by the district's plan shall be filled as the staggered terms of
2-60     [incumbent] trustees then in office expire.  Not later than the
2-61     90th day before the date of the first election from trustee
2-62     districts and after each redistricting, the board shall determine
2-63     [by lot] the order in which the positions will be filled.
2-64           [(c)  The trustees of a district to which this section
2-65     applies may also provide for members serving at the time of a
2-66     redistricting to serve for the remainder of their terms.]
2-67           SECTION 3.  This Act takes effect immediately if it receives
2-68     a vote of two-thirds of all the members elected to each house, as
2-69     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.
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