1-1 By: Gutierrez (Senate Sponsor - Van de Putte) H.B. No. 1754
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on
1-4 Redistricting; April 19, 2001, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the effect of redistricting by a junior college
1-9 district on the terms of the current members of the district's
1-10 board of trustees.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 130.0821(e), Education Code, is amended
1-13 to read as follows:
1-14 (e) Not later than the 90th day after the earliest date on
1-15 which the board of trustees may recognize and act on the
1-16 publication of the federal decennial census under Section 2058.001,
1-17 Government Code [Within 90 days following the publication of census
1-18 tract data compiled during each subsequent decennial federal
1-19 census], the board of trustees shall redivide the district into
1-20 seven trustee districts if the [such] census data indicates that
1-21 the population of the most populous trustee district exceeds the
1-22 population of the least populous district by more than 10 percent.
1-23 At the next district election following the redistricting
1-24 [redivision] of the district, each trustee district shall elect a
1-25 member of the board unless the board of trustees determines that
1-26 trustees shall be elected from the new trustee districts as
1-27 provided by Section 130.0826, and the members elected shall draw
1-28 lots for two two-year terms, two four-year terms, and three
1-29 six-year terms.
1-30 SECTION 2. Section 130.0822(j), Education Code, is amended
1-31 to read as follows:
1-32 (j) After each redistricting, all positions on the board
1-33 shall be filled unless the board of trustees determines that
1-34 trustees shall be elected from the new trustee districts as
1-35 provided by Section 130.0826. The trustees then elected shall draw
1-36 lots for staggered terms as provided by Section 130.082 [of this
1-37 code].
1-38 SECTION 3. Subchapter E, Chapter 130, Education Code, is
1-39 amended by adding Section 130.0826 to read as follows:
1-40 Sec. 130.0826. OPTION TO CONTINUE IN OFFICE FOLLOWING
1-41 REDISTRICTING. (a) The board of trustees of any junior college
1-42 district that elects some or all of its members from single-member
1-43 districts and in which the trustees serve staggered terms may
1-44 provide for the trustees in office at the first election after the
1-45 junior college district is redistricted to serve for the remainder
1-46 of their terms in accordance with this section.
1-47 (b) If the board of trustees provides for the trustees in
1-48 office to serve for the remainder of their terms in accordance with
1-49 this section, the trustee districts established by the
1-50 redistricting plan shall be filled as the staggered terms of
1-51 trustees in office expire. When the board of trustees adopts a
1-52 redistricting plan, the board shall determine from which new
1-53 trustee district the position of each trustee in office will be
1-54 filled as it becomes vacant.
1-55 (c) This section does not authorize a trustee of a junior
1-56 college district to continue in office after a redistricting plan
1-57 takes effect if the member no longer resides in the district from
1-58 which the trustee was elected.
1-59 SECTION 4. This Act takes effect immediately if it receives
1-60 a vote of two-thirds of all the members elected to each house, as
1-61 provided by Section 39, Article III, Texas Constitution. If this
1-62 Act does not receive the vote necessary for immediate effect, this
1-63 Act takes effect September 1, 2001.
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