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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance and number of trustees of certain |
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independent school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 11.051, Education Code is amended to read |
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as follows: |
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Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; |
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NUMBER OF TRUSTEES. (a) An independent school district is |
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governed by a board of trustees who, as a body corporate, shall: |
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(1) oversee the management of the district; and |
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(2) ensure that the superintendent implements and |
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monitors plans, procedures, programs, and systems to achieve |
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appropriate, clearly defined, and desired results in the major |
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areas of district operations. |
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(a-1) Unless authorized by the board, a member of the board |
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may not, individually, act on behalf of the board. The board of |
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trustees may act only by majority vote of the members present at a |
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meeting held in compliance with Chapter 551, Government Code, at |
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which a quorum of the board is present and voting. The board shall |
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provide the superintendent an opportunity to present at a meeting |
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an oral or written recommendation to the board on any item that is |
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voted on by the board at the meeting. |
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(b) The board consists of the number of members that the |
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district had on September 1, 1995. |
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(c) A board of trustees that has three or five members may by |
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resolution increase the membership to seven. A board of trustees |
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that votes to increase its membership must consider whether the |
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district would benefit from also adopting a single-member election |
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system under Section 11.052. A resolution increasing the number of |
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trustees takes effect with the second regular election of trustees |
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that occurs after the adoption of the resolution. The resolution |
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must provide for a transition in the number of trustees so that when |
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the transition is complete, trustees are elected as provided by |
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Section 11.059. |
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(d) A board of trustees of a an independent school district |
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eligible to receive funding under Chapter 48.101(b), Education |
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Code, that has seven members may by resolution decrease the |
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membership to five. A board of trustees that votes to decrease its |
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membership must certify that in two previous consecutive trustee |
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elections the board was unable to fill all trustee seats on the |
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board. A resolution decreasing the number of trustees takes effect |
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with the next regular election of trustees that occurs after the |
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adoption of the resolution. The resolution must provide for a |
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transition in the number of trustees so that when the transition is |
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complete, trustees are elected as provided by Section 11.059. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |