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.