By: King of Uvalde, Morales of Maverick H.B. No. 2645
(Senate Sponsor - Zaffirini)
(In the Senate - Received from the House May 10, 2021;
May 12, 2021, read first time and referred to Committee on Higher
Education; May 21, 2021, reported favorably by the following vote:
Yeas 5, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the election of certain junior college district
trustees by plurality vote.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 130.082, Education Code, is amended by
amending Subsection (g) and adding Subsections (g-1) and (g-2) to
read as follows:
(g) The board shall [designate a] number [for] the positions
on [position held by each member of] the board[, from one upward] in
the [consecutive numerical] order in which the [such manner that
the lowest numbers shall be assigned to the members whose] terms of
office of the members expire [in the shortest length of time],
provided that any [such] position number designations on existing
boards under existing law on [at] the effective date of this act or
on the effective date of an amendment to this subsection shall
remain in effect. At each election candidates must [shall] be voted
upon and be elected separately for each position on the board, and
the name of each candidate must [shall] be placed on the official
ballot according to the number of the position for which the
candidate [he or she] is running. Except as provided by Subsection
(g-1), the [A] candidate receiving a majority of the votes cast [for
all candidates] for each respective [a] position to be filled at the
election is [shall be declared] elected. If no candidate receives
[such] a majority, then the two candidates receiving the highest
number of votes shall run against each other for the position. The
run-off election for all positions shall be held on a date that
complies with law in the same manner [and shall be ordered, notice
thereof given, and held,] as provided [herein] for regular
elections. The board shall place a candidate's name [Any resident,
qualified elector of the district may have his or her name placed as
a candidate] on the official ballot for any position to be filled at
each regular election if the candidate is a resident of the
district, is a qualified elector of the district, and files [by
filing] with the secretary of the board a written application
[therefor] signed by the applicant that complies with Section
144.005, Election Code. The [, not later than 5 p.m. of the 45th day
before the date of the election. An application may not be filed
earlier than the 30th day before the date of the filing deadline.
Such] application must state the number of the position [for which
he or she is a candidate,] or the name of the incumbent member of the
board holding the position for which the candidate [he or she]
desires to run. The order [location] on the ballot of the names of
candidates for each position shall be chosen by lot by the board. A
candidate shall be eligible to run for only one position at each
election.
(g-1) The board of trustees of the following junior college
districts may by resolution provide, not later than the 180th day
before the date of an election, that a candidate receiving the
highest number of votes cast for each respective position to be
filled at the election is elected:
(1) Laredo Community College District; and
(2) Southwest Texas Junior College District.
(g-2) A resolution adopted under Subsection (g-1) is
effective for subsequent elections until rescinded by a subsequent
resolution adopted not later than the 180th day before the date of
the first election to which the rescission applies.
SECTION 2. The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.
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