By: Morales of Maverick H.B. No. 5039
A BILL TO BE ENTITLED
AN ACT
relating to the governance and number of trustees of certain
independent school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 11.051, Education Code is amended to read
as follows:
Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT;
NUMBER OF TRUSTEES. (a) An independent school district is
governed by a board of trustees who, as a body corporate, shall:
(1) oversee the management of the district; and
(2) ensure that the superintendent implements and
monitors plans, procedures, programs, and systems to achieve
appropriate, clearly defined, and desired results in the major
areas of district operations.
(a-1) Unless authorized by the board, a member of the board
may not, individually, act on behalf of the board. The board of
trustees may act only by majority vote of the members present at a
meeting held in compliance with Chapter 551, Government Code, at
which a quorum of the board is present and voting. The board shall
provide the superintendent an opportunity to present at a meeting
an oral or written recommendation to the board on any item that is
voted on by the board at the meeting.
(b) The board consists of the number of members that the
district had on September 1, 1995.
(c) A board of trustees that has three or five members may by
resolution increase the membership to seven. A board of trustees
that votes to increase its membership must consider whether the
district would benefit from also adopting a single-member election
system under Section 11.052. A resolution increasing the number of
trustees takes effect with the second regular election of trustees
that occurs after the adoption of the resolution. The resolution
must provide for a transition in the number of trustees so that when
the transition is complete, trustees are elected as provided by
Section 11.059.
(d) A board of trustees of a an independent school district
eligible to receive funding under Chapter 48.101(b), Education
Code, that has seven members may by resolution decrease the
membership to five. A board of trustees that votes to decrease its
membership must certify that in two previous consecutive trustee
elections the board was unable to fill all trustee seats on the
board. A resolution decreasing the number of trustees takes effect
with the next regular election of trustees that occurs after the
adoption of the resolution. The resolution must provide for a
transition in the number of trustees so that when the transition is
complete, trustees are elected as provided by Section 11.059.
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 September 1, 2023.