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BILL ANALYSIS

 

 

 

C.S.H.B. 4193

By: Herrero

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current law sets uniform election dates in May and November.  In 2006, during the 79th Legislature, 3rd Called Session, the legislature added measures to require elections for school board trustees to be held in conjunction with either a municipality in which the school district is located or with the general election for state and county officers.  These statutory requirements have placed burdens on many independent school districts throughout the state.  This bill does not seek to eliminate the joint election requirement but to add that any elected municipal board or commission under certain conditions is also an acceptable joint entity.

 

C.S.H.B. 4193 adds as an optional election date for the election of school board trustees under certain conditions.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 4193 amends the Education Code to add, as an optional election date for the election of trustees of an independent school district for the purpose of meeting a joint election requirement, the date on which an election is held for the members of any municipal board or commission elected by the voters of the municipality, if holding a school board election on the election date for the members of the governing body of a municipality located in the school district would require the board of trustees to adjust the terms of office of its members to conform to the new election date.

 

EFFECTIVE DATE

 

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 4193 differs from the original by adding as an optional election date for the election of school board trustees the date on which an election is held for the members of any municipal board or commission elected by the voters of the municipality if holding a school board election on the election date for the members of the governing body of a municipality located in the school district would require the board of trustees to adjust its members' terms of office to conform to the new election date, whereas the original adds as an optional election date the election date for a citywide elected board, without reference to the rationale given in the substitute.