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78R309 BDH-D
By: Mowery H.B. No. 607
A BILL TO BE ENTITLED
AN ACT
relating to the structure, powers, and duties of the State Board of
Education, the commissioner of education, and the Texas Education
Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.0021 to read as follows:
Sec. 7.0021. STRUCTURE OF ADMINISTRATION. The board has
primary responsibility for adopting educational policies and
administering and directing public education in this state. The
commissioner is the executive officer with responsibility for
carrying out the board's policies and directions. The board may
overturn a decision of the commissioner or of the agency as the
board determines necessary.
SECTION 2. Section 7.055(a), Education Code, is amended to
read as follows:
(a) Subject to oversight by the board, the [The]
commissioner has the powers and duties provided by Subsection (b).
SECTION 3. Section 7.102(b), Education Code, is amended to
read as follows:
(b) The board has the powers and duties necessary to
administer and direct public education in this state, including the
powers and duties provided by Subsection (c). The board shall carry
[, which shall be carried] out its powers and duties with the advice
and assistance of the commissioner.
SECTION 4. Section 7.102(c), Education Code, is amended by
adding Subdivision (35) to read as follows:
(35) The board may employ a reasonable number of staff
in carrying out its powers and duties under this section.
SECTION 5. Sections 7.104(a) and (b), Education Code, are
amended to read as follows:
(a) At each general election immediately following a
decennial reapportionment of congressional districts, one member
shall be elected to the board from each congressional district.
Except as provided by Subsection (b), members of the board serve
staggered terms of four years with the terms of one-half of the
[eight] members, or as near to one-half as possible, expiring on
January 1 of one odd-numbered year and the terms of one-half of the
[seven] members, or as near to one-half as possible, expiring on
January 1 of the next odd-numbered year.
(b) One-half of the [Seven] members of the board elected at
each general election following a decennial reapportionment of
congressional districts, or as near to one-half as possible, shall
serve two-year terms and one-half of the [eight] members, or as near
to one-half as possible, shall serve four-year terms. Members shall
draw lots to determine who serves which terms.
SECTION 6. Section 7.106, Education Code, is amended to
read as follows:
Sec. 7.106. MEETINGS. The board shall hold four meetings a
year in Austin, Texas, on dates determined by the presiding officer
[chair] and may hold other meetings as may be called by the
presiding officer [chair].
SECTION 7. Sections 7.107(b) and (c), Education Code, are
amended to read as follows:
(b) At the board's first regular meeting after the election
and qualification of new members, the board shall organize, adopt
rules of procedure, and elect by separate votes a presiding
officer, an assistant presiding officer, [vice chair] and a
secretary.
(c) A person who serves two consecutive terms as presiding
officer [chair] is ineligible to again serve as presiding officer
[chair] until four years have elapsed since the expiration of the
second term.
SECTION 8. Sections 7.051, 7.052, 7.053, 7.101(a), and
7.107(a), Education Code, are repealed.
SECTION 9. (a) Except as otherwise provided by this Act,
this Act takes effect September 1, 2003.
(b) Sections 5, 6, 7, 8, and 10 of this Act take effect
December 5, 2003, but only if the constitutional amendment proposed
by the 78th Legislature, Regular Session, 2003, relating to the
structure, powers, and duties of the State Board of Education, is
approved by the voters. If that amendment is not approved by the
voters, Sections 5, 6, 7, 8, and 10 of this Act have no effect.
SECTION 10. (a) Members of the State Board of Education
elected under Section 7.101, Education Code, or appointed under
Section 7.104, Education Code, as those sections existed before
amendment by this Act, continue to serve until their successors are
elected and qualify for office. The successors shall be elected at
the general election in 2004 for state and county officers. The
presiding officer of the newly elected board shall call the first
meeting as soon as possible after a quorum of the newly elected
board members have qualified for office.
(b) Of the members of the first board elected under this
Act, 15 members serve two-year terms and 15 members serve four-year
terms. The members shall draw lots to determine the length of their
terms.
(c) Rules of the State Board of Education that are in effect
on the date of the first meeting of the State Board of Education
elected under this Act remain in effect until superseded by rules
adopted by the State Board of Education elected under this Act.