81R11089 KKA-D

By: Dutton H.B. No. 3639

A BILL TO BE ENTITLED

AN ACT

relating to the composition of the State Board of Education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.101, Education Code, is amended to read as follows:

Sec. 7.101. COMPOSITION. (a) The State Board of Education is composed of 15 members appointed by the governor with the advice and consent of the senate [elected from districts. Each district from which a board member is elected is composed as provided by former Sections 11.2101(b)-(t), as enacted by Chapter 2, Acts of the 72nd Legislature, 2nd Called Session, 1991].

(b) An appointment to the board shall be made without regard to the race, creed, sex, religion, or national origin of the appointed member [Members of the board are elected at biennial general elections held in compliance with the Election Code].

SECTION 2. Subchapter D, Chapter 7, Education Code, is amended by adding Section 7.1011 to read as follows:

Sec. 7.1011. TRANSITIONAL BOARD. (a) An elected member of the board serving on September 1, 2009, continues to serve until the expiration of the member's term. If the member's position becomes vacant before the expiration of the member's term, the governor shall fill the vacancy as provided by Section 7.104(c).

(b) In the manner provided by Section 7.101, as the elected members' terms expire, the governor shall appoint members to serve four-year terms.

(c) This section expires September 1, 2013.

SECTION 3. Sections 7.103(a) and (b), Education Code, are amended to read as follows:

(a) A person is not eligible for appointment [election] to or service on the board if the person holds an office with this state or any political subdivision of this state.

(b) [A person may not be elected from or serve in a district who is not a bona fide resident of the district with one year's continuous residence before election.] A person is not eligible for appointment [election] to or service on the board unless the person has resided in this state for not less than one year, is a qualified voter of the state, [district in which the person resides] and is at least 26 years of age.

SECTION 4. Sections 7.104(a) and (c), Education Code, are amended to read as follows:

(a) Members [At each general election immediately following a decennial reapportionment of districts, one member shall be elected to the board from each district. Except as provided by Subsection (b), members] of the board serve staggered terms of four years, with the terms of eight members expiring on February [January] 1 of one odd-numbered year and the terms of seven members expiring on February [January] 1 of the next odd-numbered year.

(c) If a position on the board becomes vacant, the governor shall fill the vacancy as soon as possible by appointing a qualified person [from the affected district] with the advice and consent of the senate. A person appointed to fill a vacancy serves only for the remainder of the unexpired term.

SECTION 5. Sections 7.107(a) and (b), Education Code, are amended to read as follows:

(a) The governor, with the advice and consent of the senate, shall appoint the chair and vice chair from among the membership of the board. The chair and vice chair serve terms [serves a term] of two years.

(b) At the board's first regular meeting after the appointment [election] and qualification of new members, the board shall organize, adopt rules of procedure, and elect [by separate votes a vice chair and] a secretary.

SECTION 6. Section 42.005(a), Election Code, is amended to read as follows:

(a) A county election precinct, including a consolidated precinct, may not contain territory from more than one of each of the following types of territorial units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district; or

(6) a ward in a city with a population of 10,000 or more[; or

[(7) a State Board of Education district].

SECTION 7. Section 42.010(c), Election Code, is amended to read as follows:

(c) After each redistricting of a territorial unit described by Section 42.005(a)(3), (4), or (5)[, or (7)], the commissioners court may submit recommendations to the secretary of state on changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.

SECTION 8. Section 52.092(d), Election Code, is amended to read as follows:

(d) District offices of the state government shall be listed in the following order:

(1) [member, State Board of Education;

[(2)] state senator;

(2) [(3)] state representative;

(3) [(4)] chief justice, court of appeals;

(4) [(5)] justice, court of appeals;

(5) [(6)] district judge;

(6) [(7)] criminal district judge;

(7) [(8)] family district judge;

(8) [(9)] district attorney;

(9) [(10)] criminal district attorney.

SECTION 9. Section 68.001(a), Election Code, is amended to read as follows:

(a) The secretary of state shall tabulate the unofficial results as provided by this subchapter in each primary election and general election for state and county officers on each proposed amendment to the state constitution and for each contested race for nomination or election to:

(1) a federal office or statewide office of the state government;

(2) the office of state senator; and

(3) the office of state representative[; and

[(4) the office of member, State Board of Education].

SECTION 10. Section 172.024(a), Election Code, is amended to read as follows:

(a) The filing fee for a candidate for nomination in the general primary election is as follows:

(1) United States senator $5,000

(2) office elected statewide, except United States senator 3,750

(3) United States representative 3,125

(4) state senator 1,250

(5) state representative 750

(6) [member, State Board of Education 300

[(7)] chief justice or justice, court of appeals, other than a justice specified by Subdivision (7) [(8)] 1,875

(7) [(8)] chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than 750,000 is wholly or partly situated2,500

(8) [(9)] district judge or judge specified by Section 52.092(d) for which this schedule does not otherwise prescribe a fee 1,500

(9) [(10)] district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 850,000 2,500

(10) [(11)] judge, statutory county court, other than a judge specified by Subdivision (11) [(12)] 1,500

(11) [(12)] judge of a statutory county court in a county with a population of more than 850,000 2,500

(12) [(13)] district attorney, criminal district attorney, or county attorney performing the duties of a district attorney 1,250

(13) [(14)] county commissioner, district clerk, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court:

(A) county with a population of 200,000 or more 1,250

(B) county with a population of under 200,000 750

(14) [(15)] justice of the peace or constable:

(A) county with a population of 200,000 or more 1,000

(B) county with a population of under 200,000 375

(15) [(16)] county surveyor, inspector of hides and animals, or public weigher 75

(16) [(17)] office of the county government for which this schedule does not otherwise prescribe a fee 750

SECTION 11. Section 172.021(e), Election Code, is amended to read as follows:

(e) A candidate for an office specified by Section 172.024(a)(7), (9), or (11) [172.024(a)(8), (10), or (12)], or for justice of the peace in a county with a population of more than 850,000, who chooses to pay the filing fee must also accompany the application with a petition for a place on the primary ballot as a candidate for judicial office that complies with the requirements prescribed for the petition authorized by Subsection (b), except that the minimum number of signatures that must appear on the petition required by this subsection is 250. If the candidate chooses to file the petition authorized by Subsection (b) in lieu of the filing fee, the minimum number of signatures required for that petition is increased by 250. Signatures on a petition filed under this subsection or Subsection (b) by a candidate covered by this subsection may not be obtained on the grounds of a county courthouse or courthouse annex.

SECTION 12. Section 252.005, Election Code, is amended to read as follows:

Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: CANDIDATE. An individual must file a campaign treasurer appointment for the individual's own candidacy with:

(1) the commission, if the appointment is made for candidacy for:

(A) a statewide office;

(B) a district office filled by voters of more than one county;

(C) a judicial district office filled by voters of only one county;

(D) state senator; or

(E) state representative[; or

[(F) the State Board of Education];

(2) the county clerk, if the appointment is made for candidacy for a county office, a precinct office, or a district office other than one included in Subdivision (1);

(3) the clerk or secretary of the governing body of the political subdivision or, if the political subdivision has no clerk or secretary, with the governing body's presiding officer, if the appointment is made for candidacy for an office of a political subdivision other than a county;

(4) the county clerk if:

(A) the appointment is made for candidacy for an office of a political subdivision other than a county;

(B) the governing body for the political subdivision has not been formed; and

(C) no boundary of the political subdivision crosses a boundary of the county; or

(5) the commission if:

(A) the appointment is made for candidacy for an office of a political subdivision other than a county;

(B) the governing body for the political subdivision has not been formed; and

(C) the political subdivision is situated in more than one county.

SECTION 13. Section 323.0145(a)(2), Government Code, is amended to read as follows:

(2) "Legislative information" means:

(A) a list of all the members of each house of the legislature;

(B) a list of the committees of the legislature and their members;

(C) the full text of each bill as filed and as subsequently amended, substituted, engrossed, or enrolled in either house of the legislature;

(D) the full text of each amendment or substitute adopted by a legislative committee for each bill filed in either house of the legislature;

(E) the calendar of each house of the legislature, the schedule of legislative committee hearings, and a list of the matters pending on the floor of each house of the legislature;

(F) detailed procedural information about how a bill filed in either house of the legislature becomes law, including detailed timetable information concerning the times under the constitution or the rules of either house when the legislature may take certain actions on a bill;

(G) the district boundaries or other identifying information for the following districts in Texas:

(i) house of representatives;

(ii) senate; and

(iii) [State Board of Education; and

[(iv)] United States Congress; and

(H) other information related to the legislative process that in the council's opinion should be made available through the Internet.

SECTION 14. Section 572.002(4), Government Code, is amended to read as follows:

(4) "Elected officer" means:

(A) a member of the legislature;

(B) an executive or judicial officer elected in a statewide election;

(C) a judge of a court of appeals or of a district court;

(D) [a member of the State Board of Education;

[(E)] a district attorney or criminal district attorney; or

(E) [(F)] an individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision.

SECTION 15. Section 572.003(c), Government Code, is amended to read as follows:

(c) The term means a member of:

(1) the Public Utility Commission of Texas;

(2) [the Texas Department of Economic Development;

[(3)] the Texas Commission on Environmental Quality;

(3) [(4)] the Texas Alcoholic Beverage Commission;

(4) [(5)] The Finance Commission of Texas;

(5) [(6)] the Texas Facilities Commission;

(6) [(7)] the Texas Board of Criminal Justice;

(7) [(8)] the board of trustees of the Employees Retirement System of Texas;

(8) [(9)] the Texas Transportation Commission;

(9) [(10) the Texas Workers' Compensation Commission;

[(11)] the Texas Department of Insurance;

(10) [(12)] the Parks and Wildlife Commission;

(11) [(13)] the Public Safety Commission;

(12) [(14)] the Texas Ethics Commission;

(13) [(15)] the State Securities Board;

(14) [(16)] the Texas Water Development Board;

(15) [(17)] the governing board of a public senior college or university as defined by Section 61.003, Education Code, or of The University of Texas Southwestern Medical Center at Dallas, The University of Texas Medical Branch at Galveston, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas M. D. Anderson [System] Cancer Center, The University of Texas Health [Science] Center at Tyler, University of North Texas Health Science Center at Fort Worth, Texas Tech University Health Sciences Center, Texas State Technical College--Harlingen, Texas State Technical College--Marshall, Texas State Technical College--West Texas [Sweetwater], or Texas State Technical College--Waco;

(16) [(18)] the Texas Higher Education Coordinating Board;

(17) [(19)] the Texas Workforce Commission;

(18) [(20) the State Banking Board;

[(21)] the board of trustees of the Teacher Retirement System of Texas;

(19) [(22)] the Credit Union Commission;

(20) [(23)] the School Land Board;

(21) [(24)] the board of the Texas Department of Housing and Community Affairs;

(22) [(25)] the Texas Racing Commission;

(23) [(26)] the State Board of Dental Examiners;

(24) [(27)] the Texas Medical [State] Board [of Medical Examiners];

(25) [(28)] the Board of Pardons and Paroles;

(26) [(29)] the Texas State Board of Pharmacy;

(27) [(30)] the Department of Information Resources governing board;

(28) [(31)] the Motor Vehicle Board;

(29) [(32)] the Texas Real Estate Commission;

(30) [(33)] the board of directors of the State Bar of Texas;

(31) [(34)] the bond review board;

(32) [(35) the Texas Board of Health;

[(36) the Texas Board of Mental Health and Mental Retardation;

[(37) the Texas Board on Aging;

[(38)] the Texas Board of Human Services;

(33) [(39)] the Texas Funeral Service Commission;

(34) [(40)] the board of directors of a river authority created under the Texas Constitution or a statute of this state; [or]

(35) [(41)] the Texas Lottery Commission; or

(36) the State Board of Education.

SECTION 16. (a) Sections 7.104(b), (d), and (e) and 7.108, Education Code, are repealed.

(b) Chapter 2 (S.B. 2), Acts of the 72nd Legislature, 2nd Called Session, 1991, is repealed.

SECTION 17. The repeal by this Act of Section 7.108, Education Code, does not apply to an offense committed under that section before September 1, 2009. An offense committed before that date is covered by that section as it existed on the date the offense was committed, and the former law is continued in effect for that purpose.

SECTION 18. Chapter 572, Government Code, applies to an elected member of the State Board of Education in the same manner as that chapter applied to the person before the amendment of Section 572.002(4), Government Code, by this Act.

SECTION 19. This Act takes effect September 1, 2009.