79R3669 BDH-D
By: Madden H.B. No. 855
A BILL TO BE ENTITLED
AN ACT
relating to elections and terms of office for 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 [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 41.001(d), Election Code, is amended to
read as follows:
(d) A general election of officers of a city, school
district, junior college district, or hospital district may not be
held on the February or September uniform election date. A general
election of officers of an independent school district may not be
held on the February, May, or September uniform election date.
SECTION 3. (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, 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 4. 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 September 1, 2005.