| 1 | 1 | | 81R11532 PMO-D |
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| 2 | 2 | | By: Hancock H.B. No. 4008 |
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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 minimum voter turnout requirements for adoption or |
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| 8 | 8 | | amendment of a home-rule school district charter. |
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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 12.022, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 12.022. MINIMUM VOTER TURNOUT REQUIRED FOR CHARTER |
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| 13 | 13 | | AMENDMENT. (a) [An election on the adoption of a proposed |
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| 14 | 14 | | home-rule school district charter has no effect unless at least 25 |
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| 15 | 15 | | percent of the registered voters of the district vote in the |
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| 16 | 16 | | election in which the adoption of the charter is on the ballot. |
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| 17 | 17 | | [(b)] An election on the adoption of a proposed amendment to |
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| 18 | 18 | | a home-rule school district charter has no effect unless at least |
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| 19 | 19 | | five [20] percent of the registered voters of the district vote in |
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| 20 | 20 | | the election in which the adoption of the amendment is on the |
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| 21 | 21 | | ballot. |
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| 22 | 22 | | (b) [(c)] If the required number of voters prescribed by |
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| 23 | 23 | | Subsection (a) [or (b)] do not vote in the election, the board of |
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| 24 | 24 | | trustees shall order an election on the issue to be held on the |
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| 25 | 25 | | first uniform election date: |
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| 26 | 26 | | (1) that occurs at least 45 days after the date the |
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| 27 | 27 | | election is ordered; and |
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| 28 | 28 | | (2) on which one or more elections are to be held, the |
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| 29 | 29 | | combination of which covers all of the territory of the school |
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| 30 | 30 | | district. |
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| 31 | 31 | | (c) [(d)] If the required number of voters prescribed by |
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| 32 | 32 | | Subsection (a) [or (b)] do not vote at an election ordered as |
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| 33 | 33 | | required by Subsection (b) [(c)], the board of trustees may |
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| 34 | 34 | | continue to order elections on the issue in accordance with |
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| 35 | 35 | | Subsection (b) [(c)] until the required minimum voter turnout is |
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| 36 | 36 | | achieved. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2009. |
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