By Sadler                                             H.B. No. 2862
         77R9066 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the election of members of the boards of trustees of
 1-3     independent school districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 11, Education Code, is
 1-6     amended by adding Section 11.0511 to read as follows:
 1-7           Sec. 11.0511.  ELECTION DATE; JOINT ELECTIONS. (a)  The
 1-8     election of trustees of an independent school district shall be
 1-9     held on a date on which at least one other political subdivision in
1-10     the territory of the district holds an election.
1-11           (b)  The board of trustees of the district shall enter into
1-12     an agreement to hold elections jointly as provided by Chapter 271,
1-13     Election Code, with the governing body of at least one other
1-14     political subdivision holding an election on that date in the
1-15     territory of the district.  As provided by Section 271.002,
1-16     Election Code, the board shall:
1-17                 (1)  state the terms of the joint election agreement in
1-18     the resolution ordering the election; and
1-19                 (2)  ensure that the document containing the joint
1-20     election agreement is preserved for the period required.
1-21           (c)  To the extent authorized under Section 271.003, Election
1-22     Code, common polling places shall be used in a joint election under
1-23     this section.
1-24           SECTION 2. Subchapter C, Chapter 11, Education Code, is
 2-1     amended by adding Section 11.0541 to read as follows:
 2-2           Sec. 11.0541.  CHANGE IN MANNER OF TRUSTEE SELECTION. (a)
 2-3     This section applies only to a school district that has an
 2-4     enrollment of at least 50,000 students on the date that enrollment
 2-5     is determined for the school year.
 2-6           (b)  If at least five percent or 10,000 of the registered
 2-7     voters of a school district, whichever is less, sign and present to
 2-8     the board of trustees of the district a petition requesting
 2-9     submission to the voters of the proposition that trustees of the
2-10     district be selected in the manner specified by the petition rather
2-11     than in the manner in which the trustees are currently selected and
2-12     the manner specified by the proposition is authorized by law, the
2-13     board shall order that the appropriate proposition be placed on the
2-14     ballot at the first regular election of trustees held after the
2-15     120th day after the date the petition is submitted to the board.
2-16           (c)  Beginning with the first regular election of trustees
2-17     held after an election at which a majority of the registered voters
2-18     voting approve the proposition, trustees of the district shall be
2-19     selected in the manner prescribed by the approved proposition.  At
2-20     that election, all positions on the board shall be filled.  The
2-21     trustees then selected shall draw lots for staggered terms as
2-22     provided by Section 11.059.
2-23           (d)  The trustees may not be selected in the manner
2-24     prescribed by the approved proposition for more than 10 years after
2-25     the date of the first election of trustees by that method unless,
2-26     at least 120 days before the first election of trustees held after
2-27     the 10th anniversary of that date, the trustees by resolution order
 3-1     that trustees shall continue thereafter to be selected in that
 3-2     manner. If the trustees do not timely adopt a resolution under this
 3-3     subsection, trustees of the district shall be selected in the
 3-4     manner in which trustees were selected before approval of the
 3-5     proposition under this section.  The board shall take any action
 3-6     required by this subchapter for selecting trustees in that manner.
 3-7           (e)  Section 11.052 rather than this section applies if the
 3-8     method proposed by petition for selecting trustees is election from
 3-9     single-member trustee districts.  A petition may be presented in
3-10     accordance with this section to change from the method of selecting
3-11     trustees provided by Section 11.052.
3-12           SECTION 3. Section 11.059, Education Code, is amended by
3-13     amending Subsections (a)-(c) and adding Subsection (e) to read as
3-14     follows:
3-15           (a)  A trustee of an independent school district serves a
3-16     term of three or six [four] years.
3-17           (b)  Elections for trustees with three-year terms shall be
3-18     held annually.  The terms of [one-third of the trustees, or] as
3-19     near to one-third of the trustees as possible[,] expire each year.
3-20           (c)  Elections for trustees with six-year [four-year] terms
3-21     shall be held biennially.  The terms of [one-half of the trustees,
3-22     or] as near to one-third of the trustees [one-half] as possible[,]
3-23     expire every two years.
3-24           (e)  The board of trustees of a district in which trustees
3-25     are elected to four-year terms shall adopt a resolution providing
3-26     for three-year or six-year terms.  After adoption of the
3-27     resolution, the board may not alter the length of the terms served
 4-1     by district trustees.  The transition to three-year or six-year
 4-2     terms begins with the first regular election of trustees held after
 4-3     September 1, 2001.  Trustees in office on September 1, 2001, shall
 4-4     serve for the remainder of their terms. The resolution must specify
 4-5     the manner in which the transition to staggered three-year or
 4-6     six-year terms is made.  The resolution may provide for trustees
 4-7     elected during the transition to draw lots to determine which
 4-8     trustee serves for less than a full term or may specify which
 4-9     position in an election is for less than a full term.  This
4-10     subsection expires August 31, 2005.
4-11           SECTION 4. Section 11.062, Education Code, is amended to read
4-12     as follows:
4-13           Sec. 11.062.  ELECTION OF OFFICERS IN CERTAIN SCHOOL
4-14     DISTRICTS. An independent school district in which, before
4-15     September 1, 1995, part of the trustees were elected from
4-16     single-member trustee districts and one or more board officers were
4-17     elected at large shall continue electing trustees and officers in
4-18     that manner until a different method of selection is adopted by
4-19     resolution of the board of trustees or under the procedure provided
4-20     by Section 11.0541.  If a different method of selecting trustees is
4-21     adopted under the procedure provided by Section 11.0541, officers
4-22     shall be selected as provided by Section 11.061.
4-23           SECTION 5.  Section 11.0511, Education Code, as added by this
4-24     Act, applies to an election held after November 30, 2001.
4-25           SECTION 6.  This Act takes effect September 1, 2001.