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.