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  80R4576 JRJ-D
 
  By: Raymond H.B. No. 4129
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the election of junior college district trustees by
plurality vote.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 130.082, Education Code, is amended by
amending Subsection (g) and adding Subsection (g-1) to read as
follows:
       (g)  The board shall [designate a] number [for] the positions
on [position held by each member of] the board[, from one upward] in
the [consecutive numerical] order in which [such manner that the
lowest numbers shall be assigned to] the [members whose] terms of
office of the members expire [in the shortest length of time],
provided that any [such] position number designations on existing
boards under existing law at the effective date of this act shall
remain in effect. At each election candidates shall be voted upon
and be elected separately for each position on the board, and the
name of each candidate shall be placed on the official ballot
according to the number of the position for which the candidate [he
or she] is running. The [A] candidate receiving the highest number
of [a majority of the] votes [cast for all candidates] for each
respective [a] position voted on is [shall be declared] elected.
The board shall place a candidate's [If no candidate receives such a
majority, then the two candidates receiving the highest number of
votes shall run against each other for the position. The run-off
election for all positions shall be held on a date that complies
with law and shall be ordered, notice thereof given, and held, as
provided herein for regular elections.  Any resident, qualified
elector of the district may have his or her] name [placed as a
candidate] on the official ballot for any position to be filled at
each regular election if the candidate is a resident of the
district, is a qualified elector of the district, and files [by
filing] with the secretary of the board a written application
[therefor] signed by the applicant, not later than 5 p.m. of the
45th day before the date of the election. An application may not be
filed earlier than the 30th day before the date of the filing
deadline. The [Such] application must state the number of the
position [for which he or she is a candidate,] or the name of the
incumbent member of the board holding the position for which the
candidate [he or she] desires to run. The order [location] on the
ballot of the names of candidates for each position shall be chosen
by lot by the board. A candidate shall be eligible to run for only
one position at each election.
       (g-1) The board may provide by resolution, not later than the
180th day before the date of an election, that a candidate must
receive a majority of the votes cast for a position to be elected
under Subsection (g). A resolution adopted under this subsection
is effective until rescinded by a subsequent resolution adopted not
later than the 180th day before the date of the first election to
which the rescission applies.
       SECTION 2.  The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
       SECTION 3.  This Act takes effect September 1, 2007.