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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance of certain municipal school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 11, Education Code, is |
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amended by adding Section 11.304 to read as follows: |
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Sec. 11.304. ASSUMPTION OF DIRECT CONTROL AND GOVERNANCE OF |
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OR CONVERSION TO INDEPENDENT SCHOOL DISTRICT BY MUNICIPAL SCHOOL |
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DISTRICT. (a) The governing body of each home-rule municipality |
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that has a municipal school district within the municipal |
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boundaries shall order a special election to be held on May 10, |
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2008, on the control and governance of the school district. The |
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ballot in an election under this section shall contain the |
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following two propositions: |
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(1) "The assumption of direct control and governance |
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of the __________ Municipal School District by the City Council of |
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the City of __________."; and |
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(2) "The conversion of the ________ Municipal School |
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District to an independent school district." |
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(b) The ballot for an election under this section shall |
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allow a voter to vote for or against each proposition under |
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Subsection (a). If both propositions receive a majority vote of the |
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qualified voters voting at the election, only the proposition |
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receiving the higher number of favorable votes is considered |
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approved. If neither proposition receives a majority vote of the |
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qualified voters voting at the election, the control and governance |
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of the municipal school district continues as before the election. |
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(c) If the proposition under Subsection (a)(1) is approved, |
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immediately on the final canvass of the returns and the declaration |
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of results of the election: |
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(1) the governing body of the municipality assumes the |
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direct control and governance of the municipal school district; and |
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(2) the term of office of each member of the elected |
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board of trustees of the municipal school district ends, but each |
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member of that board continues to serve in that capacity until |
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removed by the governing body of the home-rule municipality. |
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(d) If the proposition under Subsection (a)(1) is approved, |
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notwithstanding former Section 24.04(b), as it existed May 1, 1995, |
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the governing body of the municipality shall appoint a board of |
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trustees for the municipal school district. A person serving under |
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Subsection (c)(2) is eligible for appointment under this |
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subsection. The governing body of the municipality may appoint the |
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members of the board of trustees for terms, but may remove a member |
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of the board at any time, with or without cause. The appointed board |
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of trustees is the governing board of the school district for the |
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purposes of Chapter 45, and the procedures specified by Sections |
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11.303(b)-(h) do not apply to the appointed board of trustees. |
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(e) If the proposition under Subsection (a)(2) is approved, |
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immediately on the final canvass of the returns and the declaration |
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of results of the election: |
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(1) the status of the municipal school district is |
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changed to that of an independent school district; |
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(2) the former municipal school district is governed |
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by the former district's board of trustees until a new board is |
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elected as provided by Subchapter C; and |
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(3) the former municipal school district has no |
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further governance relationship with the home-rule municipality. |
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(f) An independent school district created pursuant to an |
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election held under this section is not subject to Section 11.303 |
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and shall operate under Subchapters A through F. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |