84R8182 PAM/JRJ-F

By: Anchia H.B. No. 2579

A BILL TO BE ENTITLED

AN ACT

relating to the governance and operation of certain independent school districts.

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

SECTION 1. Subchapter C, Chapter 11, Education Code, is amended by adding Section 11.0511 to read as follows:

Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a) This section applies only to a school district described by Section 11.065(a).

(b) Notwithstanding Section 11.051(b), the board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to establish as a nonvoting member a student trustee position. If a majority of the voters voting in the election approve the establishment of the student trustee position, the board shall adopt a resolution establishing as a nonvoting member a student trustee position as provided by this section.

(c) A student trustee serves a term of one year. The resolution shall establish the selection procedure for the student trustee position, including the method for filling a vacancy.

(d) A student is eligible to serve as a student trustee if the student is enrolled in the student's junior or senior year of high school and is considered in good standing academically and under the district code of conduct.

(e) To the extent permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), a student trustee may participate, other than voting, in all deliberations of the board and has a right of access to information, documents, and records in the same manner as a voting member of the board.

(f) A school district may grant to a student who fulfills the requirements of service of a student trustee not more than one academic course credit in a subject area determined appropriate by the district.

SECTION 2. Subchapter C, Chapter 11, Education Code, is amended by adding Section 11.0525 to read as follows:

Sec. 11.0525. REDISTRICTING COMMISSION. (a) This section applies only to a school district that:

(1) has nine single-member districts;

(2) has a central administrative office located in a county with a population of more than two million; and

(3) has a student enrollment of more than 125,000 and less than 200,000.

(b) The board of trustees of a school district to which this section applies shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to establish a redistricting commission for the purpose of establishing board of trustee districts. The election shall be held at the same time and in the same manner as an election held to elect candidates to the board. If the establishment of a redistricting commission is approved by a majority of the voters voting in an election held by the board for that purpose, then not later than January 31 of the year following the federal decennial census, each member of the board of trustees of the school district shall appoint one member to the redistricting commission.

(c) In making an appointment under this section, the board of trustees shall, as nearly as may be practicable, provide fair and balanced representation of all geographical areas of the school district in the redistricting process and provide a total membership that reflects the racial and ethnic makeup of the school district's population. Members of the redistricting commission shall be appointed to serve a term that will end on completion of the redistricting commission's work.

(d) Administrative staff of the school district shall initiate and widely publicize a 60-day application process for the redistricting commission, open to all registered voters residing in the district, with outreach to diverse communities to encourage participation. All applications to serve on the redistricting commission must be submitted in writing or electronically.

(e) The board president shall designate the chair of the redistricting commission, subject to confirmation by a majority of the board of trustees.

(f) To qualify for appointment to the redistricting commission, a person must:

(1) be registered to vote and have voted in two of the last three school district elections for the board of trustees;

(2) have been a resident of the school district for at least six months before the date of application; and

(3) have a capacity to serve with impartiality, the ability to work collaboratively, an understanding of the underlying legal principles of redistricting, a knowledge and appreciation of the diverse racial and ethnic demographics in the school district, and a will to serve the greater good.

(g) A member of the redistricting commission is not eligible to be a candidate for a place on the board of trustees in the next succeeding board election and may not be appointed or elected to the board or a commission of the school district for a period of one year after the date the member's service on the redistricting commission ends.

(h) The following persons are not eligible to serve on the redistricting commission:

(1) a member of the board of trustees or the spouse of a member of the board or any family member within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code;

(2) a person or the spouse of a person who has been appointed to or elected to any elective federal, state, county, or municipal office during the three years before the application date;

(3) the campaign manager, treasurer, or staff member of any candidate for federal, state, county, or municipal office during the five years before the application date;

(4) a registered lobbyist or the spouse of a lobbyist required to register with a municipal, county, state, or federal government;

(5) a person or the spouse of a person who has a contractual relationship with the school district, works for the district, works for or with or has a contractual relationship with any member of the board or the spouse, child, or parent of a member of the board; or

(6) a person who the board determines is otherwise ineligible to serve on the commission.

(i) By April 1 of the year of the federal decennial census, the administrative office servicing the board of trustees shall review each application for completeness and shall forward the complete applications to the internal auditor's office for independent verification to determine compliance with the qualifications and to eliminate applicants who do not qualify. By June 1 of that year, the internal auditor's office shall forward a list of all qualified applicants to the board. The list must indicate the trustee district in which each applicant lives.

(j) The redistricting commission shall draw the board of trustee districts in compliance with the requirements of federal or state law and in compliance with the following guidelines:

(1) the districts shall be substantially equal in population according to the total population count as presented in the census data, except where deviation is required to comply with federal law or is otherwise allowable by law;

(2) in addition to the requirements of federal law, there shall be no discrimination on the basis of race, color, or membership in a language minority group, and the voting strength of racial, ethnic, and language minorities in the districts shall not be diluted to deprive minority voters of an equal opportunity to elect a candidate of their choice;

(3) the districts must be geographically compact, to the extent possible, and composed of contiguous territory;

(4) the reconfiguration of districts must be neutral as to incumbents or potential candidates;

(5) to the extent possible, the districts must not split defined school feeder patterns; and

(6) when possible without violating other requirements, communities of interest must be placed in a single district and neighborhoods may not be split.

(k) A member of the board of trustees may not have contact, directly or indirectly, with a redistricting commission member or with redistricting commission staff, with respect to redistricting, except by testimony in a public hearing. Redistricting commission members may not engage in any discussions, directly or indirectly, regarding redistricting or the work of the redistricting commission with members of the board, except during a public hearing or by written communication given to the entire commission. If a redistricting commission member engages in a prohibited discussion or violates state law regarding public meetings, the commission may, by majority vote, remove the member from the commission.

(l) Before the redistricting commission begins work, the school district must provide commission members training from knowledgeable and professional trainers on school district demographics, the legal principles of redistricting, including the Voting Rights Act (52 U.S.C. Section 10101 et seq.), and the process for performing redistricting, including the use of computer software to draw district lines.

(m) On request, the school district shall provide support staff, equipment, and other resources as necessary for the redistricting commission to perform its duties.

(n) The redistricting commission shall solicit broad public participation in the redistricting process. The hearing process must include hearings to receive public input before the redistricting commission draws any maps and hearings following the drawing and display of any redistricting commission maps. The redistricting commission shall display the proposed maps for public comment in a manner designed to achieve the widest public access reasonably possible and for a reasonable time before approval by the redistricting commission. In addition, the redistricting commission shall make available a report that identifies for each district the district boundaries, population, racial and ethnic composition, and compactness measures.

(o) The redistricting commission shall file its recommended plan with the board president. The president shall present the recommended plan to the board of trustees at its next meeting. The board may adopt the plan as submitted or may modify and adopt the plan, but must adopt a plan not later than the 45th day after the date the board president received the plan. If the board modifies the plan, it must do so in open session at a board meeting with a written explanation of the need for the modification, and a copy of the proposed plan with the modification must be made available to the public 72 hours before a vote. A proposed plan must be approved by a vote of two-thirds of the members of the board. If no action is taken by the board in the required period of time, the recommended plan of the redistricting commission becomes the final plan for the school district.

(p) The plan developed in accordance with this section shall be implemented at the next general election of the board of trustees conducted at least 90 days following the date the final plan becomes effective for the school district.

SECTION 3. Section 11.061, Education Code, is amended by adding Subsection (e) to read as follows:

(e) This subsection applies only to a school district described by Section 11.065(a). Notwithstanding Subsection (d), the board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to provide for trustee compensation equal to the average salary of teachers in the district who hold a bachelor's degree. If a majority of the voters voting in the election approve the trustee compensation, a trustee is entitled to compensation as provided by this subsection.

SECTION 4. Section 11.065(d), Education Code, is amended to read as follows:

(d) Notwithstanding Chapter 171, Acts of the 50th Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas Civil Statutes), to the extent consistent with this section and Section 11.066, the board of trustees of a school district described by Subsection (a) may adopt rules necessary to govern the term, election, and residency requirements of members of the board that may be adopted under general law by any other school district.

SECTION 5. Subchapter C, Chapter 11, Education Code, is amended by adding Section 11.066 to read as follows:

Sec. 11.066. TERMS AND ELECTION DATE FOR CERTAIN SCHOOL DISTRICTS. (a) This section applies only to a school district described by Section 11.065(a).

(b) The board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to change the terms of office of trustees from three years to four years. If a majority of the voters voting in the election approve four-year terms, the board shall adopt a resolution changing the terms of trustees to four-year terms. The resolution must provide for staggered terms and specify the manner in which the transition from the length of three-year terms to four-year terms is made.

(c) The board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to change the date on which the district holds its general election for trustees to the November uniform election date. If a majority of the voters voting in the election approve the change, the board shall adopt a resolution changing the date on which the district holds its general election for trustees to the November uniform election date. The resolution must provide for adjusting the terms of office to conform to the new election date.

SECTION 6. Section 21.212, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) This subsection applies only to a school district described by Section 11.065(a). Notwithstanding Subsection (a), the board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to change the board vote requirement by which a superintendent may be considered for nonrenewal to a two-thirds vote of the trustees. If a majority of the voters voting in the election approve the change, the board shall adopt a resolution changing the vote requirement to a two-thirds vote. The resolution must provide that the change in the vote requirement applies only to a superintendent contract entered into on or after the effective date of the resolution.

SECTION 7. Section 25.0811, Education Code, is amended by adding Subsection (c) to read as follows:

(c) This subsection applies only to a school district described by Section 11.065(a). Notwithstanding Subsection (a), the board of trustees of a school district shall, on its own motion, order an election to submit to the qualified voters of the district the proposition to begin instruction for students for a school year before the fourth Monday in August. If a majority of the voters voting in the election approve the change, the board shall adopt a resolution that sets a date on which instruction for students begins for a school year that occurs before the fourth Monday in August.

SECTION 8. 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, 2015.