79(2) HB 68 - Introduced version




                                                                                



79S20544 DRH-F



By:  Nixon                                                        H.B. No. 68 







A BILL TO BE ENTITLED



AN ACT



relating to the election of and terms served by trustees of an 

independent school district.

	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 shall be nonpartisan and [with 

four-year terms] shall be held on the uniform election date in 

November in even-numbered years [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 41.253(b), Education Code, as amended by 

H.B. No. 57, Acts of the 79th Legislature, Regular Session, 2005, is 

amended to read as follows:

	(b)  The transitional board of trustees shall divide the 

consolidated district into nine single-member trustee districts in 

accordance with the procedures provided by Section 11.052.  The 

transitional board shall order an election for the initial board of 

trustees to be held on the first [May] uniform election date in 

November of an even-numbered year after the effective date of a 

consolidation order.

	SECTION 3.  Section 42.002(a), Election Code, as amended by 

H.B. No. 1209, Acts of the 79th Legislature, Regular Session, 2005, 

is amended to read as follows:

	(a)  The county election precincts are the election 

precincts for the following elections:

		(1)  the general election for state and county 

officers;                    

		(2)  a special election ordered by the governor;                              

		(3)  a primary election;                                                      

		(4)  a countywide election ordered by the commissioners 

court, county judge, or other county authority, except an election 

subject to Section 42.062(2); [and]

		(5)  any other election of a political subdivision not 

located in a county with a population of more than 3.3 million or a 

county adjacent to a county with a population of more than 3.3 

million held on the November uniform election date, as provided by 

Section 42.0621; and

		(6)  an election held by a school district on the 

November uniform election date, as provided by Section 42.0622.

	SECTION 4.  Subchapter C, Chapter 42, Election Code, is 

amended by adding Section 42.0622 to read as follows:

	Sec. 42.0622.  PRECINCTS FOR NOVEMBER SCHOOL DISTRICT 

ELECTION.  (a)  A school district that holds an election on the 

November uniform election date shall use the regular county 

election precincts.

	(b)  If an election precinct contains territory from more 

than one school district or more than one district used to elect a 

member of the governing body of a school district, election 

officials shall take reasonable measures to ensure that a voter 

voting at that precinct may not vote in an election in which the 

voter is not entitled to vote.

	(c)  This section does not require a school district to 

contract with a county under Section 31.092 or hold a joint election 

with a county under Chapter 271.

	(d)  The secretary of state shall prescribe procedures to 

implement this section.

	SECTION 5.  Section 43.004, Election Code, is amended by 

adding Subsection (c) to read as follows:

	(c)  If a school district holds an election on the November 

uniform election date, the school district shall designate as the 

polling places for the election the regular county polling places 

in the county election precincts that contain territory from the 

school district.

	SECTION 6.  (a)  Section 11.059, Education Code, as amended 

by this Act, applies to a school district trustee election 

scheduled to be held on or after November 8, 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 on November 8, 2005, or May 6, 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, as 

appropriate, 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, as amended 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 7.  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.