79S20544 DRH-F
By: Madden H.B. No. 70
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.