HBA-JRA H.B. 3329 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3329
By: Danburg
Public Education
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, a board of trustees of an independent school district
may change its election system to a system where some or all trustees are
elected from single member districts.  Boards that change to single member
district plans must fill all positions on the board at the first single
member district trustee election and after each redistricting, with one
exception.  Districts that adopt plans in which five members are elected
from single member districts and two members are elected atlarge permit a
staggered term election process at the initial transition to single member
districts and after each redistricting.  H.B. 3329 extends the
authorization to stagger terms after each redistricting to all single
member trustee districts. 

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 11.052, Education Code, as follows:

Sec. 11.052.  SINGLE-MEMBER TRUSTEE DISTRICTS.  (a)  Provides that the
board of trustees of an independent school district (board) must hold a
public hearing at which residents, rather than registered voters, of the
district are given an opportunity to comment on whether or not they favor
the election of trustees in the manner proposed by the board. 

(b)  Provides that an order of the board adopted under Subsection (a) must
be entered not later than the 150th, rather than 120th, day before the date
of the first trustee election. 

(c)  Requires the board to order that the appropriate proposition be placed
on the ballot at the first regular election of trustees held after the
150th day after the date of the board's order, rather than 120th day after
the date the petition requesting submission to the voters of the
proposition that trustee be elected from single-member districts is
submitted to the board.  Provides that the board must consider the petition
at the first board meeting for which notice can be posted in compliance
with Chapter 551 (Open Meetings), Government Code, following the receipt of
the petition. 

(d)  Provides that trustee districts must be drawn and adopted not later
than the 150th day before, rather than drawn not later than the 120th day
before, the first election of trustees from single-member districts. 

(e)  Provides that a candidate for trustee representing a single-member
trustee district must be a resident of the district the candidate seeks to
represent after the first election of trustees from single-member trustee
districts and the first election after each redistricting. Makes a
nonsubstantive change. 

(f)  Authorizes, at the first election at which some or all of the trustee
are elected from trustee districts and after each redistricting, the
trustee district and at-large positions to be filled as the staggered terms
of incumbent trustees expire or all trustee positions to be  filed at the
first election after redistricting if the board so determines.  Requires
the board, not later than the 150th day before the date of the first
election at which some or all of the trustee are elected from trustee
districts and after each redistricting, to determine the phase-in order of
the single-member and at-large positions, if any, providing for members
serving at the time of the first election or redistricting to serve for the
remainder of their terms.  Requires that all positions on the board be
filled and the trustees then elected to draw lots for staggered terms as
provided by Section 11.059 (Terms), if the board determines that all
trustee positions may be filled at the first election or after each
redistricting. 

(g)  Requires the board, not later than the 150th day, rather than the
90th, day before the first regular school board election at which trustees
may officially recognize and act on the last preceding federal census, to
redistrict, rather than redivide, the school district. Makes conforming
changes. 

SECTION 2.  Amends Section 11.053, Education Code, to make conforming
changes. 

SECTION 3.  Effective date: September 1, 2000.

SECTION 4.  Emergency clause.