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 * * * * *