81R11089 KKA-D
By: Dutton H.B. No. 3639
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the State Board of Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.101, Education Code, is amended to
read as follows:
Sec. 7.101. COMPOSITION. (a) The State Board of Education
is composed of 15 members appointed by the governor with the advice
and consent of the senate [elected from districts. Each district
from which a board member is elected is composed as provided by
former Sections 11.2101(b)-(t), as enacted by Chapter 2, Acts of
the 72nd Legislature, 2nd Called Session, 1991].
(b) An appointment to the board shall be made without regard
to the race, creed, sex, religion, or national origin of the
appointed member [Members of the board are elected at biennial
general elections held in compliance with the Election Code].
SECTION 2. Subchapter D, Chapter 7, Education Code, is
amended by adding Section 7.1011 to read as follows:
Sec. 7.1011. TRANSITIONAL BOARD. (a) An elected member of
the board serving on September 1, 2009, continues to serve until the
expiration of the member's term. If the member's position becomes
vacant before the expiration of the member's term, the governor
shall fill the vacancy as provided by Section 7.104(c).
(b) In the manner provided by Section 7.101, as the elected
members' terms expire, the governor shall appoint members to serve
four-year terms.
(c) This section expires September 1, 2013.
SECTION 3. Sections 7.103(a) and (b), Education Code, are
amended to read as follows:
(a) A person is not eligible for appointment [election] to
or service on the board if the person holds an office with this
state or any political subdivision of this state.
(b) [A person may not be elected from or serve in a district
who is not a bona fide resident of the district with one year's
continuous residence before election.] A person is not eligible
for appointment [election] to or service on the board unless the
person has resided in this state for not less than one year, is a
qualified voter of the state, [district in which the person
resides] and is at least 26 years of age.
SECTION 4. Sections 7.104(a) and (c), Education Code, are
amended to read as follows:
(a) Members [At each general election immediately following
a decennial reapportionment of districts, one member shall be
elected to the board from each district. Except as provided by
Subsection (b), members] of the board serve staggered terms of four
years, with the terms of eight members expiring on February
[January] 1 of one odd-numbered year and the terms of seven members
expiring on February [January] 1 of the next odd-numbered year.
(c) If a position on the board becomes vacant, the governor
shall fill the vacancy as soon as possible by appointing a qualified
person [from the affected district] with the advice and consent of
the senate. A person appointed to fill a vacancy serves only for
the remainder of the unexpired term.
SECTION 5. Sections 7.107(a) and (b), Education Code, are
amended to read as follows:
(a) The governor, with the advice and consent of the senate,
shall appoint the chair and vice chair from among the membership of
the board. The chair and vice chair serve terms [serves a term] of
two years.
(b) At the board's first regular meeting after the
appointment [election] and qualification of new members, the board
shall organize, adopt rules of procedure, and elect [by separate
votes a vice chair and] a secretary.
SECTION 6. Section 42.005(a), Election Code, is amended to
read as follows:
(a) A county election precinct, including a consolidated
precinct, may not contain territory from more than one of each of
the following types of territorial units:
(1) a commissioners precinct;
(2) a justice precinct;
(3) a congressional district;
(4) a state representative district;
(5) a state senatorial district; or
(6) a ward in a city with a population of 10,000 or
more[; or
[(7) a State Board of Education district].
SECTION 7. Section 42.010(c), Election Code, is amended to
read as follows:
(c) After each redistricting of a territorial unit
described by Section 42.005(a)(3), (4), or (5)[, or (7)], the
commissioners court may submit recommendations to the secretary of
state on changes to the territorial units to allow the county to
eliminate county election precincts with no population or a
substantially small population.
SECTION 8. Section 52.092(d), Election Code, is amended to
read as follows:
(d) District offices of the state government shall be listed
in the following order:
(1) [member, State Board of Education;
[(2)] state senator;
(2) [(3)] state representative;
(3) [(4)] chief justice, court of appeals;
(4) [(5)] justice, court of appeals;
(5) [(6)] district judge;
(6) [(7)] criminal district judge;
(7) [(8)] family district judge;
(8) [(9)] district attorney;
(9) [(10)] criminal district attorney.
SECTION 9. Section 68.001(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall tabulate the unofficial
results as provided by this subchapter in each primary election and
general election for state and county officers on each proposed
amendment to the state constitution and for each contested race for
nomination or election to:
(1) a federal office or statewide office of the state
government;
(2) the office of state senator; and
(3) the office of state representative[; and
[(4) the office of member, State Board of Education].
SECTION 10. Section 172.024(a), Election Code, is amended
to read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator $5,000
(2) office elected statewide, except United States
senator 3,750
(3) United States representative 3,125
(4) state senator 1,250
(5) state representative 750
(6) [member, State Board of Education 300
[(7)] chief justice or justice, court of appeals,
other than a justice specified by Subdivision (7) [(8)] 1,875
(7) [(8)] chief justice or justice of a court of
appeals that serves a court of appeals district in which a county
with a population of more than 750,000 is wholly or partly
situated2,500
(8) [(9)] district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee 1,500
(9) [(10)] district or criminal district judge of a
court in a judicial district wholly contained in a county with a
population of more than 850,000 2,500
(10) [(11)] judge, statutory county court, other than
a judge specified by Subdivision (11) [(12)] 1,500
(11) [(12)] judge of a statutory county court in a
county with a population of more than 850,000 2,500
(12) [(13)] district attorney, criminal district
attorney, or county attorney performing the duties of a district
attorney 1,250
(13) [(14)] county commissioner, district clerk,
county clerk, sheriff, county tax assessor-collector, county
treasurer, or judge, constitutional county court:
(A) county with a population of 200,000 or more
1,250
(B) county with a population of under 200,000
750
(14) [(15)] justice of the peace or constable:
(A) county with a population of 200,000 or more
1,000
(B) county with a population of under 200,000
375
(15) [(16)] county surveyor, inspector of hides and
animals, or public weigher 75
(16) [(17)] office of the county government for which
this schedule does not otherwise prescribe a fee 750
SECTION 11. Section 172.021(e), Election Code, is amended
to read as follows:
(e) A candidate for an office specified by Section
172.024(a)(7), (9), or (11) [172.024(a)(8), (10), or (12)], or for
justice of the peace in a county with a population of more than
850,000, who chooses to pay the filing fee must also accompany the
application with a petition for a place on the primary ballot as a
candidate for judicial office that complies with the requirements
prescribed for the petition authorized by Subsection (b), except
that the minimum number of signatures that must appear on the
petition required by this subsection is 250. If the candidate
chooses to file the petition authorized by Subsection (b) in lieu of
the filing fee, the minimum number of signatures required for that
petition is increased by 250. Signatures on a petition filed under
this subsection or Subsection (b) by a candidate covered by this
subsection may not be obtained on the grounds of a county courthouse
or courthouse annex.
SECTION 12. Section 252.005, Election Code, is amended to
read as follows:
Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
CANDIDATE. An individual must file a campaign treasurer
appointment for the individual's own candidacy with:
(1) the commission, if the appointment is made for
candidacy for:
(A) a statewide office;
(B) a district office filled by voters of more
than one county;
(C) a judicial district office filled by voters
of only one county;
(D) state senator; or
(E) state representative[; or
[(F) the State Board of Education];
(2) the county clerk, if the appointment is made for
candidacy for a county office, a precinct office, or a district
office other than one included in Subdivision (1);
(3) the clerk or secretary of the governing body of the
political subdivision or, if the political subdivision has no clerk
or secretary, with the governing body's presiding officer, if the
appointment is made for candidacy for an office of a political
subdivision other than a county;
(4) the county clerk if:
(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
(B) the governing body for the political
subdivision has not been formed; and
(C) no boundary of the political subdivision
crosses a boundary of the county; or
(5) the commission if:
(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
(B) the governing body for the political
subdivision has not been formed; and
(C) the political subdivision is situated in more
than one county.
SECTION 13. Section 323.0145(a)(2), Government Code, is
amended to read as follows:
(2) "Legislative information" means:
(A) a list of all the members of each house of the
legislature;
(B) a list of the committees of the legislature
and their members;
(C) the full text of each bill as filed and as
subsequently amended, substituted, engrossed, or enrolled in
either house of the legislature;
(D) the full text of each amendment or substitute
adopted by a legislative committee for each bill filed in either
house of the legislature;
(E) the calendar of each house of the
legislature, the schedule of legislative committee hearings, and a
list of the matters pending on the floor of each house of the
legislature;
(F) detailed procedural information about how a
bill filed in either house of the legislature becomes law,
including detailed timetable information concerning the times
under the constitution or the rules of either house when the
legislature may take certain actions on a bill;
(G) the district boundaries or other identifying
information for the following districts in Texas:
(i) house of representatives;
(ii) senate; and
(iii) [State Board of Education; and
[(iv)] United States Congress; and
(H) other information related to the legislative
process that in the council's opinion should be made available
through the Internet.
SECTION 14. Section 572.002(4), Government Code, is amended
to read as follows:
(4) "Elected officer" means:
(A) a member of the legislature;
(B) an executive or judicial officer elected in a
statewide election;
(C) a judge of a court of appeals or of a district
court;
(D) [a member of the State Board of Education;
[(E)] a district attorney or criminal district
attorney; or
(E) [(F)] an individual appointed to fill a
vacancy in an office or appointed to a newly created office who, if
elected to the office instead of appointed, would be an elected
officer under this subdivision.
SECTION 15. Section 572.003(c), Government Code, is amended
to read as follows:
(c) The term means a member of:
(1) the Public Utility Commission of Texas;
(2) [the Texas Department of Economic Development;
[(3)] the Texas Commission on Environmental Quality;
(3) [(4)] the Texas Alcoholic Beverage Commission;
(4) [(5)] The Finance Commission of Texas;
(5) [(6)] the Texas Facilities Commission;
(6) [(7)] the Texas Board of Criminal Justice;
(7) [(8)] the board of trustees of the Employees
Retirement System of Texas;
(8) [(9)] the Texas Transportation Commission;
(9) [(10) the Texas Workers' Compensation Commission;
[(11)] the Texas Department of Insurance;
(10) [(12)] the Parks and Wildlife Commission;
(11) [(13)] the Public Safety Commission;
(12) [(14)] the Texas Ethics Commission;
(13) [(15)] the State Securities Board;
(14) [(16)] the Texas Water Development Board;
(15) [(17)] the governing board of a public senior
college or university as defined by Section 61.003, Education Code,
or of The University of Texas Southwestern Medical Center at
Dallas, The University of Texas Medical Branch at Galveston, The
University of Texas Health Science Center at Houston, The
University of Texas Health Science Center at San Antonio, The
University of Texas M. D. Anderson [System] Cancer Center, The
University of Texas Health [Science] Center at Tyler, University of
North Texas Health Science Center at Fort Worth, Texas Tech
University Health Sciences Center, Texas State Technical
College--Harlingen, Texas State Technical College--Marshall, Texas
State Technical College--West Texas [Sweetwater], or Texas State
Technical College--Waco;
(16) [(18)] the Texas Higher Education Coordinating
Board;
(17) [(19)] the Texas Workforce Commission;
(18) [(20) the State Banking Board;
[(21)] the board of trustees of the Teacher Retirement
System of Texas;
(19) [(22)] the Credit Union Commission;
(20) [(23)] the School Land Board;
(21) [(24)] the board of the Texas Department of
Housing and Community Affairs;
(22) [(25)] the Texas Racing Commission;
(23) [(26)] the State Board of Dental Examiners;
(24) [(27)] the Texas Medical [State] Board [of
Medical Examiners];
(25) [(28)] the Board of Pardons and Paroles;
(26) [(29)] the Texas State Board of Pharmacy;
(27) [(30)] the Department of Information Resources
governing board;
(28) [(31)] the Motor Vehicle Board;
(29) [(32)] the Texas Real Estate Commission;
(30) [(33)] the board of directors of the State Bar of
Texas;
(31) [(34)] the bond review board;
(32) [(35) the Texas Board of Health;
[(36) the Texas Board of Mental Health and Mental
Retardation;
[(37) the Texas Board on Aging;
[(38)] the Texas Board of Human Services;
(33) [(39)] the Texas Funeral Service Commission;
(34) [(40)] the board of directors of a river
authority created under the Texas Constitution or a statute of this
state; [or]
(35) [(41)] the Texas Lottery Commission; or
(36) the State Board of Education.
SECTION 16. (a) Sections 7.104(b), (d), and (e) and 7.108,
Education Code, are repealed.
(b) Chapter 2 (S.B. 2), Acts of the 72nd Legislature, 2nd
Called Session, 1991, is repealed.
SECTION 17. The repeal by this Act of Section 7.108,
Education Code, does not apply to an offense committed under that
section before September 1, 2009. An offense committed before that
date is covered by that section as it existed on the date the
offense was committed, and the former law is continued in effect for
that purpose.
SECTION 18. Chapter 572, Government Code, applies to an
elected member of the State Board of Education in the same manner as
that chapter applied to the person before the amendment of Section
572.002(4), Government Code, by this Act.
SECTION 19. This Act takes effect September 1, 2009.