84R8182 PAM/JRJ-F
By: Anchia H.B. No. 2579
A BILL TO BE ENTITLED
AN ACT
relating to the governance and operation of certain independent
school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.0511 to read as follows:
Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a)
This section applies only to a school district described by Section
11.065(a).
(b) Notwithstanding Section 11.051(b), the board of
trustees of a school district shall, on its own motion, order an
election to submit to the qualified voters of the district the
proposition to establish as a nonvoting member a student trustee
position. If a majority of the voters voting in the election
approve the establishment of the student trustee position, the
board shall adopt a resolution establishing as a nonvoting member a
student trustee position as provided by this section.
(c) A student trustee serves a term of one year. The
resolution shall establish the selection procedure for the student
trustee position, including the method for filling a vacancy.
(d) A student is eligible to serve as a student trustee if
the student is enrolled in the student's junior or senior year of
high school and is considered in good standing academically and
under the district code of conduct.
(e) To the extent permitted under the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), a student
trustee may participate, other than voting, in all deliberations of
the board and has a right of access to information, documents, and
records in the same manner as a voting member of the board.
(f) A school district may grant to a student who fulfills
the requirements of service of a student trustee not more than one
academic course credit in a subject area determined appropriate by
the district.
SECTION 2. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.0525 to read as follows:
Sec. 11.0525. REDISTRICTING COMMISSION. (a) This section
applies only to a school district that:
(1) has nine single-member districts;
(2) has a central administrative office located in a
county with a population of more than two million; and
(3) has a student enrollment of more than 125,000 and
less than 200,000.
(b) The board of trustees of a school district to which this
section applies shall, on its own motion, order an election to
submit to the qualified voters of the district the proposition to
establish a redistricting commission for the purpose of
establishing board of trustee districts. The election shall be
held at the same time and in the same manner as an election held to
elect candidates to the board. If the establishment of a
redistricting commission is approved by a majority of the voters
voting in an election held by the board for that purpose, then not
later than January 31 of the year following the federal decennial
census, each member of the board of trustees of the school district
shall appoint one member to the redistricting commission.
(c) In making an appointment under this section, the board
of trustees shall, as nearly as may be practicable, provide fair and
balanced representation of all geographical areas of the school
district in the redistricting process and provide a total
membership that reflects the racial and ethnic makeup of the school
district's population. Members of the redistricting commission
shall be appointed to serve a term that will end on completion of
the redistricting commission's work.
(d) Administrative staff of the school district shall
initiate and widely publicize a 60-day application process for the
redistricting commission, open to all registered voters residing in
the district, with outreach to diverse communities to encourage
participation. All applications to serve on the redistricting
commission must be submitted in writing or electronically.
(e) The board president shall designate the chair of the
redistricting commission, subject to confirmation by a majority of
the board of trustees.
(f) To qualify for appointment to the redistricting
commission, a person must:
(1) be registered to vote and have voted in two of the
last three school district elections for the board of trustees;
(2) have been a resident of the school district for at
least six months before the date of application; and
(3) have a capacity to serve with impartiality, the
ability to work collaboratively, an understanding of the underlying
legal principles of redistricting, a knowledge and appreciation of
the diverse racial and ethnic demographics in the school district,
and a will to serve the greater good.
(g) A member of the redistricting commission is not eligible
to be a candidate for a place on the board of trustees in the next
succeeding board election and may not be appointed or elected to the
board or a commission of the school district for a period of one
year after the date the member's service on the redistricting
commission ends.
(h) The following persons are not eligible to serve on the
redistricting commission:
(1) a member of the board of trustees or the spouse of
a member of the board or any family member within the third degree
of consanguinity or affinity, as determined under Chapter 573,
Government Code;
(2) a person or the spouse of a person who has been
appointed to or elected to any elective federal, state, county, or
municipal office during the three years before the application
date;
(3) the campaign manager, treasurer, or staff member
of any candidate for federal, state, county, or municipal office
during the five years before the application date;
(4) a registered lobbyist or the spouse of a lobbyist
required to register with a municipal, county, state, or federal
government;
(5) a person or the spouse of a person who has a
contractual relationship with the school district, works for the
district, works for or with or has a contractual relationship with
any member of the board or the spouse, child, or parent of a member
of the board; or
(6) a person who the board determines is otherwise
ineligible to serve on the commission.
(i) By April 1 of the year of the federal decennial census,
the administrative office servicing the board of trustees shall
review each application for completeness and shall forward the
complete applications to the internal auditor's office for
independent verification to determine compliance with the
qualifications and to eliminate applicants who do not qualify. By
June 1 of that year, the internal auditor's office shall forward a
list of all qualified applicants to the board. The list must
indicate the trustee district in which each applicant lives.
(j) The redistricting commission shall draw the board of
trustee districts in compliance with the requirements of federal or
state law and in compliance with the following guidelines:
(1) the districts shall be substantially equal in
population according to the total population count as presented in
the census data, except where deviation is required to comply with
federal law or is otherwise allowable by law;
(2) in addition to the requirements of federal law,
there shall be no discrimination on the basis of race, color, or
membership in a language minority group, and the voting strength of
racial, ethnic, and language minorities in the districts shall not
be diluted to deprive minority voters of an equal opportunity to
elect a candidate of their choice;
(3) the districts must be geographically compact, to
the extent possible, and composed of contiguous territory;
(4) the reconfiguration of districts must be neutral
as to incumbents or potential candidates;
(5) to the extent possible, the districts must not
split defined school feeder patterns; and
(6) when possible without violating other
requirements, communities of interest must be placed in a single
district and neighborhoods may not be split.
(k) A member of the board of trustees may not have contact,
directly or indirectly, with a redistricting commission member or
with redistricting commission staff, with respect to
redistricting, except by testimony in a public hearing.
Redistricting commission members may not engage in any discussions,
directly or indirectly, regarding redistricting or the work of the
redistricting commission with members of the board, except during a
public hearing or by written communication given to the entire
commission. If a redistricting commission member engages in a
prohibited discussion or violates state law regarding public
meetings, the commission may, by majority vote, remove the member
from the commission.
(l) Before the redistricting commission begins work, the
school district must provide commission members training from
knowledgeable and professional trainers on school district
demographics, the legal principles of redistricting, including the
Voting Rights Act (52 U.S.C. Section 10101 et seq.), and the process
for performing redistricting, including the use of computer
software to draw district lines.
(m) On request, the school district shall provide support
staff, equipment, and other resources as necessary for the
redistricting commission to perform its duties.
(n) The redistricting commission shall solicit broad public
participation in the redistricting process. The hearing process
must include hearings to receive public input before the
redistricting commission draws any maps and hearings following the
drawing and display of any redistricting commission maps. The
redistricting commission shall display the proposed maps for public
comment in a manner designed to achieve the widest public access
reasonably possible and for a reasonable time before approval by
the redistricting commission. In addition, the redistricting
commission shall make available a report that identifies for each
district the district boundaries, population, racial and ethnic
composition, and compactness measures.
(o) The redistricting commission shall file its recommended
plan with the board president. The president shall present the
recommended plan to the board of trustees at its next meeting. The
board may adopt the plan as submitted or may modify and adopt the
plan, but must adopt a plan not later than the 45th day after the
date the board president received the plan. If the board modifies
the plan, it must do so in open session at a board meeting with a
written explanation of the need for the modification, and a copy of
the proposed plan with the modification must be made available to
the public 72 hours before a vote. A proposed plan must be approved
by a vote of two-thirds of the members of the board. If no action is
taken by the board in the required period of time, the recommended
plan of the redistricting commission becomes the final plan for the
school district.
(p) The plan developed in accordance with this section shall
be implemented at the next general election of the board of trustees
conducted at least 90 days following the date the final plan becomes
effective for the school district.
SECTION 3. Section 11.061, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) This subsection applies only to a school district
described by Section 11.065(a). Notwithstanding Subsection (d),
the board of trustees of a school district shall, on its own motion,
order an election to submit to the qualified voters of the district
the proposition to provide for trustee compensation equal to the
average salary of teachers in the district who hold a bachelor's
degree. If a majority of the voters voting in the election approve
the trustee compensation, a trustee is entitled to compensation as
provided by this subsection.
SECTION 4. Section 11.065(d), Education Code, is amended to
read as follows:
(d) Notwithstanding Chapter 171, Acts of the 50th
Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas
Civil Statutes), to the extent consistent with this section and
Section 11.066, the board of trustees of a school district
described by Subsection (a) may adopt rules necessary to govern the
term, election, and residency requirements of members of the board
that may be adopted under general law by any other school district.
SECTION 5. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.066 to read as follows:
Sec. 11.066. TERMS AND ELECTION DATE FOR CERTAIN SCHOOL
DISTRICTS. (a) This section applies only to a school district
described by Section 11.065(a).
(b) The board of trustees of a school district shall, on its
own motion, order an election to submit to the qualified voters of
the district the proposition to change the terms of office of
trustees from three years to four years. If a majority of the
voters voting in the election approve four-year terms, the board
shall adopt a resolution changing the terms of trustees to
four-year terms. The resolution must provide for staggered terms
and specify the manner in which the transition from the length of
three-year terms to four-year terms is made.
(c) The board of trustees of a school district shall, on its
own motion, order an election to submit to the qualified voters of
the district the proposition to change the date on which the
district holds its general election for trustees to the November
uniform election date. If a majority of the voters voting in the
election approve the change, the board shall adopt a resolution
changing the date on which the district holds its general election
for trustees to the November uniform election date. The resolution
must provide for adjusting the terms of office to conform to the new
election date.
SECTION 6. Section 21.212, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) This subsection applies only to a school district
described by Section 11.065(a). Notwithstanding Subsection (a),
the board of trustees of a school district shall, on its own motion,
order an election to submit to the qualified voters of the district
the proposition to change the board vote requirement by which a
superintendent may be considered for nonrenewal to a two-thirds
vote of the trustees. If a majority of the voters voting in the
election approve the change, the board shall adopt a resolution
changing the vote requirement to a two-thirds vote. The resolution
must provide that the change in the vote requirement applies only to
a superintendent contract entered into on or after the effective
date of the resolution.
SECTION 7. Section 25.0811, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) This subsection applies only to a school district
described by Section 11.065(a). Notwithstanding Subsection (a),
the board of trustees of a school district shall, on its own motion,
order an election to submit to the qualified voters of the district
the proposition to begin instruction for students for a school year
before the fourth Monday in August. If a majority of the voters
voting in the election approve the change, the board shall adopt a
resolution that sets a date on which instruction for students
begins for a school year that occurs before the fourth Monday in
August.
SECTION 8. 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 September 1, 2015.