Texas 2015 - 84th Regular

Texas House Bill HB2579 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8182 PAM/JRJ-F
2	2	By: Anchia H.B. No. 2579
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the governance and operation of certain independent
8	8	school districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 11, Education Code, is
11	11	amended by adding Section 11.0511 to read as follows:
12	12	Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a)
13	13	This section applies only to a school district described by Section
14	14	11.065(a).
15	15	(b) Notwithstanding Section 11.051(b), the board of
16	16	trustees of a school district shall, on its own motion, order an
17	17	election to submit to the qualified voters of the district the
18	18	proposition to establish as a nonvoting member a student trustee
19	19	position. If a majority of the voters voting in the election
20	20	approve the establishment of the student trustee position, the
21	21	board shall adopt a resolution establishing as a nonvoting member a
22	22	student trustee position as provided by this section.
23	23	(c) A student trustee serves a term of one year. The
24	24	resolution shall establish the selection procedure for the student
25	25	trustee position, including the method for filling a vacancy.
26	26	(d) A student is eligible to serve as a student trustee if
27	27	the student is enrolled in the student's junior or senior year of
28	28	high school and is considered in good standing academically and
29	29	under the district code of conduct.
30	30	(e) To the extent permitted under the Family Educational
31	31	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), a student
32	32	trustee may participate, other than voting, in all deliberations of
33	33	the board and has a right of access to information, documents, and
34	34	records in the same manner as a voting member of the board.
35	35	(f) A school district may grant to a student who fulfills
36	36	the requirements of service of a student trustee not more than one
37	37	academic course credit in a subject area determined appropriate by
38	38	the district.
39	39	SECTION 2. Subchapter C, Chapter 11, Education Code, is
40	40	amended by adding Section 11.0525 to read as follows:
41	41	Sec. 11.0525. REDISTRICTING COMMISSION. (a) This section
42	42	applies only to a school district that:
43	43	(1) has nine single-member districts;
44	44	(2) has a central administrative office located in a
45	45	county with a population of more than two million; and
46	46	(3) has a student enrollment of more than 125,000 and
47	47	less than 200,000.
48	48	(b) The board of trustees of a school district to which this
49	49	section applies shall, on its own motion, order an election to
50	50	submit to the qualified voters of the district the proposition to
51	51	establish a redistricting commission for the purpose of
52	52	establishing board of trustee districts. The election shall be
53	53	held at the same time and in the same manner as an election held to
54	54	elect candidates to the board. If the establishment of a
55	55	redistricting commission is approved by a majority of the voters
56	56	voting in an election held by the board for that purpose, then not
57	57	later than January 31 of the year following the federal decennial
58	58	census, each member of the board of trustees of the school district
59	59	shall appoint one member to the redistricting commission.
60	60	(c) In making an appointment under this section, the board
61	61	of trustees shall, as nearly as may be practicable, provide fair and
62	62	balanced representation of all geographical areas of the school
63	63	district in the redistricting process and provide a total
64	64	membership that reflects the racial and ethnic makeup of the school
65	65	district's population. Members of the redistricting commission
66	66	shall be appointed to serve a term that will end on completion of
67	67	the redistricting commission's work.
68	68	(d) Administrative staff of the school district shall
69	69	initiate and widely publicize a 60-day application process for the
70	70	redistricting commission, open to all registered voters residing in
71	71	the district, with outreach to diverse communities to encourage
72	72	participation. All applications to serve on the redistricting
73	73	commission must be submitted in writing or electronically.
74	74	(e) The board president shall designate the chair of the
75	75	redistricting commission, subject to confirmation by a majority of
76	76	the board of trustees.
77	77	(f) To qualify for appointment to the redistricting
78	78	commission, a person must:
79	79	(1) be registered to vote and have voted in two of the
80	80	last three school district elections for the board of trustees;
81	81	(2) have been a resident of the school district for at
82	82	least six months before the date of application; and
83	83	(3) have a capacity to serve with impartiality, the
84	84	ability to work collaboratively, an understanding of the underlying
85	85	legal principles of redistricting, a knowledge and appreciation of
86	86	the diverse racial and ethnic demographics in the school district,
87	87	and a will to serve the greater good.
88	88	(g) A member of the redistricting commission is not eligible
89	89	to be a candidate for a place on the board of trustees in the next
90	90	succeeding board election and may not be appointed or elected to the
91	91	board or a commission of the school district for a period of one
92	92	year after the date the member's service on the redistricting
93	93	commission ends.
94	94	(h) The following persons are not eligible to serve on the
95	95	redistricting commission:
96	96	(1) a member of the board of trustees or the spouse of
97	97	a member of the board or any family member within the third degree
98	98	of consanguinity or affinity, as determined under Chapter 573,
99	99	Government Code;
100	100	(2) a person or the spouse of a person who has been
101	101	appointed to or elected to any elective federal, state, county, or
102	102	municipal office during the three years before the application
103	103	date;
104	104	(3) the campaign manager, treasurer, or staff member
105	105	of any candidate for federal, state, county, or municipal office
106	106	during the five years before the application date;
107	107	(4) a registered lobbyist or the spouse of a lobbyist
108	108	required to register with a municipal, county, state, or federal
109	109	government;
110	110	(5) a person or the spouse of a person who has a
111	111	contractual relationship with the school district, works for the
112	112	district, works for or with or has a contractual relationship with
113	113	any member of the board or the spouse, child, or parent of a member
114	114	of the board; or
115	115	(6) a person who the board determines is otherwise
116	116	ineligible to serve on the commission.
117	117	(i) By April 1 of the year of the federal decennial census,
118	118	the administrative office servicing the board of trustees shall
119	119	review each application for completeness and shall forward the
120	120	complete applications to the internal auditor's office for
121	121	independent verification to determine compliance with the
122	122	qualifications and to eliminate applicants who do not qualify. By
123	123	June 1 of that year, the internal auditor's office shall forward a
124	124	list of all qualified applicants to the board. The list must
125	125	indicate the trustee district in which each applicant lives.
126	126	(j) The redistricting commission shall draw the board of
127	127	trustee districts in compliance with the requirements of federal or
128	128	state law and in compliance with the following guidelines:
129	129	(1) the districts shall be substantially equal in
130	130	population according to the total population count as presented in
131	131	the census data, except where deviation is required to comply with
132	132	federal law or is otherwise allowable by law;
133	133	(2) in addition to the requirements of federal law,
134	134	there shall be no discrimination on the basis of race, color, or
135	135	membership in a language minority group, and the voting strength of
136	136	racial, ethnic, and language minorities in the districts shall not
137	137	be diluted to deprive minority voters of an equal opportunity to
138	138	elect a candidate of their choice;
139	139	(3) the districts must be geographically compact, to
140	140	the extent possible, and composed of contiguous territory;
141	141	(4) the reconfiguration of districts must be neutral
142	142	as to incumbents or potential candidates;
143	143	(5) to the extent possible, the districts must not
144	144	split defined school feeder patterns; and
145	145	(6) when possible without violating other
146	146	requirements, communities of interest must be placed in a single
147	147	district and neighborhoods may not be split.
148	148	(k) A member of the board of trustees may not have contact,
149	149	directly or indirectly, with a redistricting commission member or
150	150	with redistricting commission staff, with respect to
151	151	redistricting, except by testimony in a public hearing.
152	152	Redistricting commission members may not engage in any discussions,
153	153	directly or indirectly, regarding redistricting or the work of the
154	154	redistricting commission with members of the board, except during a
155	155	public hearing or by written communication given to the entire
156	156	commission. If a redistricting commission member engages in a
157	157	prohibited discussion or violates state law regarding public
158	158	meetings, the commission may, by majority vote, remove the member
159	159	from the commission.
160	160	(l) Before the redistricting commission begins work, the
161	161	school district must provide commission members training from
162	162	knowledgeable and professional trainers on school district
163	163	demographics, the legal principles of redistricting, including the
164	164	Voting Rights Act (52 U.S.C. Section 10101 et seq.), and the process
165	165	for performing redistricting, including the use of computer
166	166	software to draw district lines.
167	167	(m) On request, the school district shall provide support
168	168	staff, equipment, and other resources as necessary for the
169	169	redistricting commission to perform its duties.
170	170	(n) The redistricting commission shall solicit broad public
171	171	participation in the redistricting process. The hearing process
172	172	must include hearings to receive public input before the
173	173	redistricting commission draws any maps and hearings following the
174	174	drawing and display of any redistricting commission maps. The
175	175	redistricting commission shall display the proposed maps for public
176	176	comment in a manner designed to achieve the widest public access
177	177	reasonably possible and for a reasonable time before approval by
178	178	the redistricting commission. In addition, the redistricting
179	179	commission shall make available a report that identifies for each
180	180	district the district boundaries, population, racial and ethnic
181	181	composition, and compactness measures.
182	182	(o) The redistricting commission shall file its recommended
183	183	plan with the board president. The president shall present the
184	184	recommended plan to the board of trustees at its next meeting. The
185	185	board may adopt the plan as submitted or may modify and adopt the
186	186	plan, but must adopt a plan not later than the 45th day after the
187	187	date the board president received the plan. If the board modifies
188	188	the plan, it must do so in open session at a board meeting with a
189	189	written explanation of the need for the modification, and a copy of
190	190	the proposed plan with the modification must be made available to
191	191	the public 72 hours before a vote. A proposed plan must be approved
192	192	by a vote of two-thirds of the members of the board. If no action is
193	193	taken by the board in the required period of time, the recommended
194	194	plan of the redistricting commission becomes the final plan for the
195	195	school district.
196	196	(p) The plan developed in accordance with this section shall
197	197	be implemented at the next general election of the board of trustees
198	198	conducted at least 90 days following the date the final plan becomes
199	199	effective for the school district.
200	200	SECTION 3. Section 11.061, Education Code, is amended by
201	201	adding Subsection (e) to read as follows:
202	202	(e) This subsection applies only to a school district
203	203	described by Section 11.065(a). Notwithstanding Subsection (d),
204	204	the board of trustees of a school district shall, on its own motion,
205	205	order an election to submit to the qualified voters of the district
206	206	the proposition to provide for trustee compensation equal to the
207	207	average salary of teachers in the district who hold a bachelor's
208	208	degree. If a majority of the voters voting in the election approve
209	209	the trustee compensation, a trustee is entitled to compensation as
210	210	provided by this subsection.
211	211	SECTION 4. Section 11.065(d), Education Code, is amended to
212	212	read as follows:
213	213	(d) Notwithstanding Chapter 171, Acts of the 50th
214	214	Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas
215	215	Civil Statutes), to the extent consistent with this section and
216	216	Section 11.066, the board of trustees of a school district
217	217	described by Subsection (a) may adopt rules necessary to govern the
218	218	term, election, and residency requirements of members of the board
219	219	that may be adopted under general law by any other school district.
220	220	SECTION 5. Subchapter C, Chapter 11, Education Code, is
221	221	amended by adding Section 11.066 to read as follows:
222	222	Sec. 11.066. TERMS AND ELECTION DATE FOR CERTAIN SCHOOL
223	223	DISTRICTS. (a) This section applies only to a school district
224	224	described by Section 11.065(a).
225	225	(b) The board of trustees of a school district shall, on its
226	226	own motion, order an election to submit to the qualified voters of
227	227	the district the proposition to change the terms of office of
228	228	trustees from three years to four years. If a majority of the
229	229	voters voting in the election approve four-year terms, the board
230	230	shall adopt a resolution changing the terms of trustees to
231	231	four-year terms. The resolution must provide for staggered terms
232	232	and specify the manner in which the transition from the length of
233	233	three-year terms to four-year terms is made.
234	234	(c) The board of trustees of a school district shall, on its
235	235	own motion, order an election to submit to the qualified voters of
236	236	the district the proposition to change the date on which the
237	237	district holds its general election for trustees to the November
238	238	uniform election date. If a majority of the voters voting in the
239	239	election approve the change, the board shall adopt a resolution
240	240	changing the date on which the district holds its general election
241	241	for trustees to the November uniform election date. The resolution
242	242	must provide for adjusting the terms of office to conform to the new
243	243	election date.
244	244	SECTION 6. Section 21.212, Education Code, is amended by
245	245	adding Subsection (a-1) to read as follows:
246	246	(a-1) This subsection applies only to a school district
247	247	described by Section 11.065(a). Notwithstanding Subsection (a),
248	248	the board of trustees of a school district shall, on its own motion,
249	249	order an election to submit to the qualified voters of the district
250	250	the proposition to change the board vote requirement by which a
251	251	superintendent may be considered for nonrenewal to a two-thirds
252	252	vote of the trustees. If a majority of the voters voting in the
253	253	election approve the change, the board shall adopt a resolution
254	254	changing the vote requirement to a two-thirds vote. The resolution
255	255	must provide that the change in the vote requirement applies only to
256	256	a superintendent contract entered into on or after the effective
257	257	date of the resolution.
258	258	SECTION 7. Section 25.0811, Education Code, is amended by
259	259	adding Subsection (c) to read as follows:
260	260	(c) This subsection applies only to a school district
261	261	described by Section 11.065(a). Notwithstanding Subsection (a),
262	262	the board of trustees of a school district shall, on its own motion,
263	263	order an election to submit to the qualified voters of the district
264	264	the proposition to begin instruction for students for a school year
265	265	before the fourth Monday in August. If a majority of the voters
266	266	voting in the election approve the change, the board shall adopt a
267	267	resolution that sets a date on which instruction for students
268	268	begins for a school year that occurs before the fourth Monday in
269	269	August.
270	270	SECTION 8. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect September 1, 2015.