HBA-DMD, MPM H.B. 3204 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3204
By: Danburg
Public Education
11/1/1999
Enrolled



BACKGROUND AND PURPOSE 

Article 2774b, V.T.C.S., governs the election of members of the board of
trustees (board) in an independent school district (district) with 140,000
or more students in a city with a population of 1,590,000 or more.
Currently, this statute applies only to the Houston Independent School
District.  

H.B. 3204 authorizes a district covered under this statute to count
write-in votes and require the declaration of write-in candidates in
accordance with Section 11.056 (Write-In Voting), Education Code, or other
laws applicable to districts.  This bill also modifies Article 2774b,
V.T.C.S., to require that a person's written notice of candidacy for the
board of a district covered by the statute be accompanied by a filing fee
or a petition signed by a prescribed number of qualified voters. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Chapter 339, Acts of the 52nd Legislature,
Regular Session, 1951 (Article 2774b, V.T.C.S.), by adding Subsection (d),
as follows: 

(d)  Authorizes a school district to count write-in votes and require the
declaration of write-in candidates in the manner provided by Section 11.056
(Write-in Voting), Education Code. 

SECTION 2.  Amends Section 4, Chapter 339, Acts of the 52nd Legislature,
Regular Session, 1951 (Article 2774b, V.T.C.S.), as follows: 

(a)  Provides that a person who does not file a notice announcing the
person's candidacy and request for the person's name to be placed on the
ballot, accompanied by a filing fee or petition provided by Subsections (b)
and (c) of this section, is not entitled to have the person's name printed
on the ballot to be used at an election for a board of trustees for a
school district. 

(b)  Provides that except as provided in Subsection (c), the written notice
under Subsection (a) must be accompanied by a filing fee of $300.  Provides
that the fee may be paid only in cash or a cashier's check, certified
check, or money order made payable to the district. 

(c)  Authorizes a candidate to submit with the written notice a petition
signed by a number of registered voters equal to at least one-half of one
percent of the total number of votes case in the district in the most
recent gubernatorial election, instead of the fee under Subsection (b). 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.