S.B. 688 78(R)    BILL ANALYSIS


S.B. 688
By: West
Public Education
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, general laws govern and regulate a board of trustees of an
independent school district. Additionally, there are special laws that
govern the Dallas Independent School District's board of trustees.  It has
come to the attention of the Dallas Independent School District board of
trustees that some of the special laws are in conflict with the general
laws, and leave open to interpretation the appropriate laws that apply to
certain boards of trustees, specifically regarding trustees' residency
requirements, trustees' election requirements upon redistricting, and
terms trustees may serve. S.B. 688 provides which laws apply to certain
school districts and authorizes certain school districts to adopt rules to
govern requirements regarding their board members. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department,
institution, or agency. 


ANALYSIS

S.B. 688 amends the Education Code to provide that Sections 11.052 (g) and
(h) (Single-member Trustee Districts) and Sections 11.059(a) and (b)
(Terms) do not apply to the board of trustees of a school district if the
district's central administration office is in a county with a population
of more than two million and its student enrollment is more than 125,000
and less than 200,000. 

The bill provides that Section 11.053, Education Code (Option to Continue
in Office Following Adoption of Single-Member Plan or Redistricting) and
Section 141.001 (Eligibility Requirements for Public Office), Election
Code, apply to the board of trustees of a school district described by
Subsection (a). 

The bill prohibits a trustee of a school district described by Subsection
(a) from serving a term that exceeds four years. The bill authorizes the
board of trustees of a school district described by Subsection (a) to
adopt rules to govern certain requirements regarding board members, to the
extent consistent with this section, notwithstanding Article 2783d,
V.T.C.S. 


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 specifies that a school district described by
Subsection (a) may adopt rules, that may be adopted under general law by
any other school districts, to govern certain requirements regarding board
members.