By: Villarreal H.B. No. 978
A BILL TO BE ENTITLED
AN ACT
relating to local control over reforming school board governance of
academically unacceptable school districts of a certain size.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11 of the Education Code,
is amended by adding Section 11.0525 to read as follows:
Sec. 11.0525. LOCAL CONTROL OVER REFORMING GOVERNANCE OF
ACADEMICALLY UNACCEPTABLE SCHOOL DISTRICTS OF A CERTAIN SIZE.
(a) In this section, "mayor" means the presiding officer of
a municipality with the largest overlapping population.
(b) This section only applies to independent school
districts that have been designated Academically Unacceptable by
the Texas Education Agency under section 39 of the Education Code in
any of the prior three years and that have a total population of
315,000 people or more.
(c) If at least 15 percent or 15,000 of the registered
voters of the school district, whichever is less, sign and present
to the board of trustees a petition requesting submission to the
voters of a proposition that trustees of the district be selected in
the following manner: four elected from single-member trustee
districts as defined by section 11.052 of the Education Code, and
three appointed by the mayor, the board shall order that the
proposition be placed on the ballot at the first regular election
held after the 30th day after the date the petition is submitted to
the board.
(d) Beginning with the first regular election held after an
election at which a majority of the registered voters voting
approve the proposition, trustees of the district shall be selected
in the manner prescribed by the approved proposition.
(e) If voters authorize the mayor to appoint a trustee to
the school board as specified by this section, a citizens advisory
committee comprised of eleven residents of the school district
shall be appointed by the mayor to conduct a call for and vetting of
nominations.
(f) The mayor shall make his or her appointment from a list
of recommended candidates produced by a majority of the citizens
advisory committee.
(g) A school district governed under this section shall be
governed and shall function in compliance with general law relating
to independent school districts as provided by this chapter; and
the board of trustees of a school district under this section may
exercise any power specifically granted or reasonably implied by
general law to the board of an independent school district.
(h) If a school board is reconstituted based on this
section, every twelve years after its restructuring the board of
trustees shall order that the original proposition creating the
reformed governance structure be placed on the ballot for
reauthorization by a majority of the registered voters voting. If a
majority of the registered voters voting fails to approve
reauthorization of the reformed governance structure, the
selection process of the board of trustees returns to its process
prior to allowing for mayoral appointment.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.