78S40009 BDH-D

By:  Madden                                                       H.B. No. 9  



A BILL TO BE ENTITLED

AN ACT

relating to the terms of office of members of the boards of trustees 
of independent school districts and to the dates on which elections 
for those offices are held.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.059, Education Code, is amended to 
read as follows:   
	Sec. 11.059.  TERMS.  (a)  A trustee of an independent school 
district serves a term of [three or] four years.
	(b)  [Elections for trustees with three-year terms shall be 
held annually.  The terms of one-third of the trustees, or as near 
to one-third as possible, expire each year.
	[(c)]  Elections for trustees [with four-year terms] shall 
be held on the uniform election date in November of each 
even-numbered year [biennially].  The terms of one-half of the 
trustees, or as near to one-half as possible, expire every two 
years.
	(c) [(d)]  A board policy must state the schedule on which 
specific terms expire.
	SECTION 2.  Section 41.001(d), Election Code, is amended to 
read as follows: 
	(d)  A general election of officers of a city, school 
district, junior college district, or hospital district may not be 
held on the February or September uniform election date.  A general 
election of officers of an independent school district may not be 
held on the February, May, or September uniform election date.
	SECTION 3.  (a)  This Act applies beginning with a school 
district trustee election scheduled for 2005.
	(b)  Except as provided by Subsection (c) of this section, a 
school district trustee election that on the effective date of this 
Act is scheduled to be held in 2005 or 2006 must be held on November 
7, 2006.
	(c)  If, under Subsection (b) of this section, the positions 
of more than one half of the trustees or as near to one half as 
possible would be scheduled for election on November 7, 2006, the 
trustees holding those positions shall draw lots to determine which 
positions are subject to election in 2006 and which are subject to 
election in 2008.
	(d)  To implement the changes made to Section 11.059, 
Education Code, by this Act, a person may serve a term as school 
district trustee that is longer than the term for which the person 
was elected.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.