| 1 | 1 | | 81R5681 PAM-D |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 1387 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to hearing requirements for the adoption of certain rules |
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| 8 | 8 | | by a board of trustees of certain school districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.065, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (e) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) Notwithstanding Chapter 171, Acts of the 50th |
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| 14 | 14 | | Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas |
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| 15 | 15 | | Civil Statutes), to the extent consistent with this section, the |
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| 16 | 16 | | board of trustees of a school district described by Subsection (a) |
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| 17 | 17 | | may adopt rules necessary to govern the term, election, and |
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| 18 | 18 | | residency requirements of members of the board that may be adopted |
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| 19 | 19 | | under general law by any other school district. Before adopting a |
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| 20 | 20 | | rule under this subsection, the board must: |
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| 21 | 21 | | (1) hold a public hearing at which registered voters |
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| 22 | 22 | | of the district are given an opportunity to comment on the proposed |
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| 23 | 23 | | rule; and |
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| 24 | 24 | | (2) not later than the seventh day before the date of |
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| 25 | 25 | | the hearing, publish notice of the subject matter, location, date, |
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| 26 | 26 | | and time of the hearing in a newspaper of general circulation in the |
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| 27 | 27 | | district. |
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| 28 | 28 | | (e) The board of trustees of a school district described by |
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| 29 | 29 | | Subsection (a) shall order and hold an election in the district to |
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| 30 | 30 | | approve any rule adopted by the district under Subsection (d). A |
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| 31 | 31 | | rule adopted by the district under Subsection (d) is not effective |
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| 32 | 32 | | until it is approved by a majority of the district residents voting |
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| 33 | 33 | | at an election held under this subsection. An election under this |
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| 34 | 34 | | subsection must be held on the first uniform election date that |
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| 35 | 35 | | occurs after the date the rule is adopted. For an election under |
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| 36 | 36 | | this subsection, the ballot shall be prepared to permit voting for |
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| 37 | 37 | | or against the proposition: "Approving a rule adopted by the board |
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| 38 | 38 | | of trustees of (name of school district) that governs the |
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| 39 | 39 | | requirement of members of the board concerning (insert description |
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| 40 | 40 | | of rule)." |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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