By Dutton                                             H.B. No. 3252
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the composition and appointment of the State Board of
 1-3     Education.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 7.101. Subchapter D, Chapter 7, Education
 1-6     Code is amended as follows:
 1-7           Composition (a)  The State Board of Education is composed of
 1-8     [15] nine members [elected from districts] appointed by the
 1-9     Governor of the State of Texas with the advice and consent of the
1-10     Texas Senate.  Each district from which a board member is [elected]
1-11     appointed is composed as provided by former Sections
1-12     11.2101(b)-(t), as enacted by Chapter 2, Acts of the 72nd
1-13     Legislature, 2nd Called Session, 1991.
1-14           [(b)  Members of the board are elected at biennial general
1-15     elections held in compliance with the Election Code.]
1-16           SECTION 2.  Section 7.104. Terms. [(a)  At each general
1-17     election immediately following a decennial reapportionment of
1-18     districts, one member shall be elected to the board from each
1-19     district.  Except as provided by Subsection (b), members of the
1-20     board serve staggered terms of four years with the terms of eight
1-21     members expiring on January 1 of one odd-numbered year and the
1-22     terms of seven members expiring on January 1 of the next
1-23     odd-numbered year.]
 2-1           [(b)  Seven members of the board elected at each general
 2-2     election following a decennial reapportionment of districts shall
 2-3     serve two-year terms and eight members shall serve four-year terms.
 2-4     Members shall draw lots to determine who serves which terms.]
 2-5           (a)  Members of the board serve staggered terms of six years,
 2-6     with the terms of one-third of the members expiring February 1st of
 2-7     each odd-numbered year.
 2-8           [(c)] (b)  If a position on the board becomes vacant, the
 2-9     governor shall fill the vacancy as soon as possible by appointing a
2-10     qualified person from the affected district with the advice and
2-11     consent of the senate.
2-12           [(d)  A vacancy that occurs at a time when it is impossible
2-13     to place the name of a candidate for the unexpired term on the
2-14     general election ballot is filled by appointment, as prescribed by
2-15     Subsection (c).]
2-16           [(e)] (c)  An appointment to a vacancy on the board shall be
2-17     made without regard to the race, creed, sex, religion, or national
2-18     origin of the appointed member.
2-19           SECTION 3.  This Act takes effect immediately if it receives
2-20     a vote of two-thirds of all the members elected to each house, as
2-21     provided by Section 39, Article III, Texas Constitution.  If this
2-22     Act does not receive the vote necessary for immediate effect, this
2-23     Act takes effect September 1, 2001.