Texas 2009 - 81st Regular

Texas Senate Bill SB1895 Compare Versions

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1	1	By: Gallegos S.B. No. 1895
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the terms of members of the governing board of junior
7	7	college districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (e), Section 130.082, Education Code,
10	10	is amended to read as follows:
11	11	(e) Members [The basic term of office of a member] of the
12	12	board serve staggered terms of four years, with the terms of as
13	13	close to one-half of the members as possible expiring in each
14	14	even-numbered year [shall be six years, and one-third of the
15	15	members of the board shall be elected at large in the district at
16	16	regular elections to be held on the first Saturday in April in each
17	17	even-numbered year; provided that with a seven-member board two
18	18	members shall be elected in two consecutive even-numbered years and
19	19	three members shall be elected in the following even-numbered
20	20	year]. The members of each board in office [at the effective date
21	21	of this act, and all subsequent members of the board, shall] remain
22	22	in office until the expiration of the terms for which they were
23	23	elected or appointed, and until their successors shall have been
24	24	elected and qualified[; provided that where any existing board has
25	25	held its regular elections for members of the board in odd-numbered
26	26	years prior to the effective date of this act, the board shall
27	27	nevertheless hold its next regular election on the first Saturday
28	28	in April of the next even-numbered year following the effective
29	29	date of this act, and the term of office of each incumbent member of
30	30	the board shall, in effect, be lengthened by one year so as to
31	31	comply with the foregoing provisions of this act]. Except as
32	32	otherwise specifically provided by this subchapter, on [Upon] the
33	33	creation of a new board, or in any other situation where necessary,
34	34	the members of the board shall choose by lot the terms for which
35	35	they shall serve, so as to comply with the foregoing provisions. If
36	36	a board is increased from seven to nine members, one of the members
37	37	shall be appointed to serve a two-year term [until the first
38	38	election at which two members otherwise would have been elected,]
39	39	and the other shall be appointed to serve a four-year term [until
40	40	the second election at which two members otherwise would have been
41	41	elected, and three members shall be elected for six-year terms at
42	42	each election].
43	43	SECTION 2. Subsection (e), Section 130.0821, Education
44	44	Code, is amended to read as follows:
45	45	(e) Not later than the 90th day after the earliest date on
46	46	which the board of trustees may recognize and act on the publication
47	47	of the federal decennial census under Section 2058.001, Government
48	48	Code, the board of trustees shall redivide the district into the
49	49	appropriate number of trustee districts if the census data
50	50	indicates that the population of the most populous trustee district
51	51	exceeds the population of the least populous district by more than
52	52	10 percent. Within 90 days following the effective date of an order
53	53	or resolution of the board of trustees to increase the number of
54	54	board members, the board of trustees shall redivide the district
55	55	into the appropriate number of trustee districts as increased. At
56	56	the next district election following the redistricting of the
57	57	district under this subsection, each trustee district shall elect a
58	58	member of the board unless the board of trustees determines that
59	59	trustees shall be elected from the new trustee districts as
60	60	provided by Section 130.0826, and the members elected shall draw
61	61	lots for the appropriate number of two-year and[,] four-year[, and
62	62	six-year] terms as needed to establish staggered terms of four
63	63	years as required by Section 130.082(e) [Subsection (c)].
64	64	SECTION 3. Subsections (d) and (e), Section 130.083,
65	65	Education Code, are amended to read as follows:
66	66	(d) The terms of office of the regents authorized by this
67	67	section [act] shall be four [six] years. In [Those regents serving
68	68	as regents on May 22, 1969, shall continue in office for the
69	69	remainder of their respective terms and then until such time as
70	70	their successors shall have been elected and qualified, and
71	71	thereafter in] each even-numbered year, as close to one-half of the
72	72	number of [three] regents as possible shall be elected from the area
73	73	originally forming the junior college district to succeed those
74	74	regents whose terms are expiring, but if the number of regents
75	75	becomes more or less than nine, the method [formula] set out in
76	76	Subsection (e) of this section shall be followed. All new regents
77	77	added to the board of regents under the provisions of this section
78	78	shall be appointed by the board of regents which orders the
79	79	enlargement of the membership of such board, and shall serve terms
80	80	as provided under [until election specified in] Subsection (e) [of
81	81	this section]. All vacancies on the board of regents shall be
82	82	filled at once for the unexpired term only by appointments made by
83	83	the remaining members of such board.
84	84	(e) Where additional regent positions are provided under
85	85	the terms of this section, the board of regents at the time of such
86	86	authorization shall designate by resolution duly recorded in the
87	87	minutes of such board the term to be served by each such additional
88	88	regent to maintain staggered terms of four years[, provided that
89	89	the first regent authorized and appointed shall serve only until
90	90	the next regular regent election, the second such regent shall
91	91	serve until the regent election two years after the next regular
92	92	regent election, and the third regent shall serve until the regent
93	93	election four years after the next regular regent election, with
94	94	additional regents which may be authorized to follow the same
95	95	rotation of terms until all terms of additional regents provided
96	96	under the terms of this section have been fixed to expire at the
97	97	next regular regent election, or at the regent election two years
98	98	after the next regular regent election, or at the regent election
99	99	four years after the next regular election. Additional regents
100	100	appointed to such terms and until such times as their successors
101	101	shall have been elected and qualified, and thereafter the terms of
102	102	such regents shall be for six years].
103	103	SECTION 4. Subsection (c), Section 130.088, Education Code,
104	104	is amended to read as follows:
105	105	(c) If the board of trustees of the independent school
106	106	district that divests itself of management and control of the
107	107	junior college district is elected from nine single-member
108	108	districts, the trustees appointed for the junior college district
109	109	shall have the same initial single-member district boundaries. For
110	110	the initial board members of the junior college district appointed
111	111	by the independent school district board of trustees, four [three]
112	112	members shall serve terms of two years and five[, three] members
113	113	shall serve terms of four years[, and three members shall serve
114	114	terms of six years]. The trustees shall draw lots to determine the
115	115	length of their terms. [The terms of the initial board members
116	116	shall expire on the last day of December of the odd-numbered year
117	117	that does not exceed their terms.]
118	118	SECTION 5. The following provisions of the Education Code
119	119	are repealed:
120	120	(1) Subsection (c), Section 130.0821; and
121	121	(2) Subsection (m), Section 130.088.
122	122	SECTION 6. (a) The change in law made by this Act applies
123	123	only to the term of a member of a governing board of a junior college
124	124	district who is appointed or elected on or after the effective date
125	125	of this Act.
126	126	(b) The governing board of a junior college district shall,
127	127	to the extent necessary to implement staggered four-year terms of
128	128	office for members of the governing board, as provided by this Act,
129	129	adopt a transition plan so that as nearly as possible half of the
130	130	members of the board are elected to four-year terms in each
131	131	even-numbered year. The governing board may provide for
132	132	establishing shortened terms for persons elected at the first
133	133	election of governing board members held after the effective date
134	134	of this Act or drawing lots as part of the transition plan. The
135	135	secretary of state shall, on request of the presiding officer of a
136	136	governing board, assist the board in developing a transition plan
137	137	under this subsection.
138	138	SECTION 7. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2009.