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  85R5235 MM-D
 
  By: Rodriguez of Bexar H.B. No. 961
 
 
 
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 the [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 on [at] the effective date of this act or
  on the effective date of an amendment to this subsection shall
  remain in effect. At each election candidates must [shall] be voted
  upon and be elected separately for each position on the board, and
  the name of each candidate must [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 to be filled at the
  election is [shall be declared] elected. The board shall place a
  candidate's name [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 that
  complies with Section 144.005, Election Code. The [, 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. 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 by resolution may provide, 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 filled at
  the election under Subsection (g). A resolution adopted under this
  subsection is effective for subsequent elections 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 to Section
  130.082(g), Education Code, applies only to an election ordered on
  or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2017.