By Raymond                                            H.B. No. 3092
         77R3348 ESH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the election of school district trustees from
 1-3     single-member districts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 11.052(f) and (g), Education Code, are
 1-6     amended to read as follows:
 1-7           (f)  At the first election at which some or all of the
 1-8     trustees are elected from trustee districts and after each
 1-9     redistricting, all positions on the board shall be filled, unless
1-10     the board of trustees determines the positions should be filled as
1-11     provided by Section 11.053 as the terms of trustees then in office
1-12     expire.  If all positions are filled, the [The] trustees then
1-13     elected shall draw lots for staggered terms that comply with [as
1-14     provided by] Section 11.059.
1-15           (g)  Not later than the 90th day before the date of the first
1-16     regular school board election at which trustees may officially
1-17     recognize and act on the last preceding federal census, the board
1-18     shall redistrict [redivide] the school district into the
1-19     appropriate number of trustee districts if the census data
1-20     indicates that the population of the most populous trustee district
1-21     exceeds the population of the least populous trustee district by
1-22     more than 10 percent.  Redistricting [Redivision] of the school
1-23     district shall be in the manner provided for division of the school
1-24     district under Subsection (d).
 2-1           SECTION 2.  Section 11.053, Education Code, is amended to
 2-2     read as follows:
 2-3           Sec. 11.053.  [TRANSITION TO SINGLE-MEMBER DISTRICTS:]
 2-4     OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF SINGLE-MEMBER
 2-5     PLAN OR REDISTRICTING. (a)  The board of trustees of [For] an
 2-6     independent school district that adopts a redistricting plan under
 2-7     Section 11.052 [providing for five members of the board to be
 2-8     elected from single-member trustee districts and two members to be
 2-9     elected at large, the board of trustees] may provide [in the plan]
2-10     for the trustees [then] in office when the plan is adopted or the
2-11     school district is redistricted to serve [at large] for the
2-12     remainder of their terms in accordance with this section.
2-13           (b)  The trustee district and any at-large positions provided
2-14     by the district's plan shall be filled as the staggered terms of
2-15     [incumbent] trustees then in office expire.  Not later than the
2-16     90th day before the date of the first election from trustee
2-17     districts and after each redistricting, the board shall determine
2-18     [by lot] the order in which the positions will be filled.
2-19           [(c)  The trustees of a district to which this section
2-20     applies may also provide for members serving at the time of a
2-21     redistricting to serve for the remainder of their terms.]
2-22           SECTION 3.  This Act takes effect immediately if it receives
2-23     a vote of two-thirds of all the members elected to each house, as
2-24     provided by Section 39, Article III, Texas Constitution.  If this
2-25     Act does not receive the vote necessary for immediate effect, this
2-26     Act takes effect September 1, 2001.