By Gutierrez                                          H.B. No. 1754
         77R3716 JSA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the effect of redistricting by a junior college
 1-3     district on the terms of the current members of the district's
 1-4     board of trustees.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 130.0821(e), Education Code, is amended
 1-7     to read as follows:
 1-8           (e)  Not later than the 90th day after the earliest date on
 1-9     which the board of trustees may recognize and act on the
1-10     publication of the federal decennial census under Section 2058.001,
1-11     Government Code [Within 90 days following the publication of census
1-12     tract data compiled during each subsequent decennial federal
1-13     census], the board of trustees shall redivide the district into
1-14     seven trustee districts if the [such] census data indicates that
1-15     the population of the most populous trustee district exceeds the
1-16     population of the least populous district by more than 10 percent.
1-17     At the next district election following the redistricting
1-18     [redivision] of the district, each trustee district shall elect a
1-19     member of the board unless the board of trustees determines that
1-20     trustees shall be elected from the new trustee districts as
1-21     provided by Section 130.0826, and the members elected shall draw
1-22     lots for two two-year terms, two four-year terms, and three
1-23     six-year terms.
1-24           SECTION 2.  Section 130.0822(j), Education Code, is amended
 2-1     to read as follows:
 2-2           (j)  After each redistricting, all positions on the board
 2-3     shall be filled unless the board of trustees determines that
 2-4     trustees shall be elected from the new trustee districts as
 2-5     provided by Section 130.0826.  The trustees then elected shall draw
 2-6     lots for staggered terms as provided by Section 130.082 [of this
 2-7     code].
 2-8           SECTION 3.  Subchapter E, Chapter 130, Education Code, is
 2-9     amended by adding Section 130.0826 to read as follows:
2-10           Sec. 130.0826.  OPTION TO CONTINUE IN OFFICE FOLLOWING
2-11     REDISTRICTING.  (a)  The board of trustees of any junior college
2-12     district that elects some or all of its members from single-member
2-13     districts and in which the trustees serve staggered terms may
2-14     provide for the trustees in office at the first election after the
2-15     junior college district is redistricted to serve for the remainder
2-16     of their terms in accordance with this section.
2-17           (b)  If the board of trustees provides for the trustees in
2-18     office to serve for the remainder of their terms in accordance with
2-19     this section, the trustee districts established by the
2-20     redistricting plan shall be filled as the staggered terms of
2-21     trustees in office expire.  When the board of trustees adopts a
2-22     redistricting plan, the board shall determine from which new
2-23     trustee district the position of each trustee in office will be
2-24     filled as it becomes vacant.
2-25           (c)  This section does not authorize a trustee of a junior
2-26     college district to continue in office after a redistricting plan
2-27     takes effect if the member no longer resides in the district from
 3-1     which the trustee was elected.
 3-2           SECTION 4.  This Act takes effect immediately if it receives
 3-3     a vote of two-thirds of all the members elected to each house, as
 3-4     provided by Section 39, Article III, Texas Constitution.  If this
 3-5     Act does not receive the vote necessary for immediate effect, this
 3-6     Act takes effect September 1, 2001.