78(R) HB 607 - Introduced version


                                                                                

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.