1-1     By:  Van de Putte                                     S.B. No. 1705
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Education; April 17, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 8, Nays 0; April 17, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1705            By:  Van de Putte
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the election of school district trustees from
1-10     single-member districts.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsections (f) and (g), Section 11.052,
1-13     Education Code, are amended to read as follows:
1-14           (f)  At the first election at which some or all of the
1-15     trustees are elected from trustee districts and after each
1-16     redistricting, all positions on the board shall be filled unless
1-17     the board of trustees determines the positions should be filled as
1-18     provided by Section 11.053 as the terms of trustees then in office
1-19     expires.  If all positions are filled, the [The] trustees then
1-20     elected shall draw lots for staggered terms that comply with [as
1-21     provided by] Section 11.059.
1-22           (g)  Not later than the 90th day before the date of the first
1-23     regular school board election at which trustees may officially
1-24     recognize and act on the last preceding federal census, the board
1-25     shall redistrict [redivide] the school district into the
1-26     appropriate number of trustee districts if the census data
1-27     indicates that the population of the most populous trustee district
1-28     exceeds the population of the least populous trustee district by
1-29     more than 10 percent.  Redistricting [Redivision] of the school
1-30     district shall be in the manner provided for division of the school
1-31     district under Subsection (d).
1-32           SECTION 2.  Section 11.053, Education Code, is amended to
1-33     read as follows:
1-34           Sec. 11.053.  [TRANSITION TO SINGLE-MEMBER DISTRICTS:]
1-35     OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION OF SINGLE-MEMBER
1-36     PLAN OR REDISTRICTING.  (a)  The board of trustees of [For] an
1-37     independent school district that adopts a redistricting plan under
1-38     Section 11.052 [providing for five members of the board to be
1-39     elected from single-member trustee districts and two members to be
1-40     elected at large, the board of trustees] may provide [in the plan]
1-41     for the trustees [then] in office when the plan is adopted or the
1-42     school district is redistricted to serve [at large] for the
1-43     remainder of their terms in accordance with this section.
1-44           (b)  The trustee district and any at-large positions provided
1-45     by the district's plan shall be filled as the staggered terms of
1-46     [incumbent] trustees then in office expire.  Not later than the
1-47     90th day before the date of the first election from trustee
1-48     districts and after each redistricting, the board shall determine
1-49     [by lot] the order in which the positions will be filled.
1-50           (c)  If a resident of a school district submits a request to
1-51     the superintendent of the district that the board of trustees of
1-52     the district hold a public hearing on the issue of staggered or
1-53     simultaneous election of trustees from single-member districts
1-54     after redistricting, the board of trustees shall hold a hearing on
1-55     that issue.  The board may not exercise the authority granted by
1-56     Subsection (a) until any hearing requested under this subsection
1-57     has been held.
1-58           (d)  the hearing requirement provided under this section
1-59     applies to any school district with 50,000 or more students in
1-60     average daily attendance.
1-61           [The trustees of a district to which this section applies may
1-62     also provide for members serving at the time of a redistricting to
1-63     serve for the remainder of their terms.]
1-64           SECTION 3.  This Act takes effect immediately if it receives
 2-1     a vote of two-thirds of all the members elected to each house, as
 2-2     provided by Section 39, Article III, Texas Constitution.  If this
 2-3     Act does not receive the vote necessary for immediate effect, this
 2-4     Act takes effect September 1, 2001.
 2-5                                  * * * * *