BILL ANALYSIS

 

 

Senate Research Center

H.B. 613

86R3665 SRS-D

By: Springer (Fallon)

 

State Affairs

 

5/3/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires independent school districts (ISDs) to hold elections for their board of trustees jointly with other political subdivisions on a uniform election date.

 

Some small rural ISDs have complained that they may not have another political subdivision with which to jointly hold the election and therefore are concerned that their election violates the law.

 

H.B. 613 provides that the statute requiring that ISDs hold their election jointly with other political subdivisions (Section 11.0581, Election Code) only applies if another political subdivision is holding an election.

 

The committee substitute would solve the problem more directly (and with less confusion) by adding a Subsection (f) to the current statute which provides that an ISD in a county with a population under 20,000 may hold a trustee election on the uniform election date even if no other political subdivision is holding an election.

 

H.B. 613 amends current law relating to the date of the election for trustees of an independent school district.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends the heading to Section 11.0581, Education Code, to read as follows:

 

Sec. 11.0581. JOINT ELECTION PROCEDURES.

 

SECTION 2. Amends Sections 11.0581(a), (b), and (d), Education Code, as follows:

 

(a) Provides that this section applies to an election for trustees of an independent school district held on a certain date, rather than requiring an election for trustees of an independent school district to be held on a certain date.

 

(b) Requires elections held on the same date as described by, rather than as provided by, Subsection (a) to be held as a joint election under Chapter 271 (Joint Elections), Election Code.

 

(d) Requires the board of trustees of an independent school district changing an election date to hold a joint election under this section, rather than changing an election date to comply with this section, to adjust the terms of office of its members to conform to the new election date.

 

SECTION 3. Effective date: September 1, 2019.