HBA-MPM H.B. 3204 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3204
By: Danburg
Public Education
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

Article 2774b, V.T.C.S. governs the election of members of the board of
trustees (board) in an independent school district (district) with 140,000
or more students in a city with a population of 1,590,000 or more.
Presently, this statute applies only to the Houston Independent School
District.  
H.B. 3204 authorizes a district covered under this statute to count
write-in votes and require the declaration of write-in candidates in
accordance with Section 11.056 (Write-In Voting), Education Code, or other
laws applicable to districts.  This bill also modifies Article 2774b,
V.T.C.S., to require that a person's written notice of candidacy for the
board of a district covered by the statute be accompanied by a filing fee
or a petition signed by a prescribed number of qualified voters. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3, Article 2774b, V.T.C.S. (Chapter 339, Special
Laws, Acts of the 52nd Legislature, Regular Session, 1951), by adding
Subsection (d), as follows: 

(d)  Authorizes a school district to count write-in votes and require the
declaration of write-in candidates in the manner provided by Section 11.056
(Write-in Voting), Education Code, or other general laws applicable to
districts. 

SECTION 2.  Amends Section 4, Article 2774b, V.T.C.S. (Chapter 339, Special
Laws, Acts of the 52nd Legislature, Regular Session, 1951), as follows: 

(a)  Provides that no person who does not file a filing fee or petition as
provided in Subsections (b) and (c) of this section, in addition to written
notice and request announcing the person's candidacy for a position on the
board of trustees of a school district, within a certain time shall be
entitled to have the person's name printed on the ballot to be used at an
election. 

(b)  Provides that except as provided in Subsection (c), the written notice
must be accompanied by a filing fee and must be in the form of cash or
cashier's check or  certified check or a money order made payable to the
district in the amount of the greater of $500 or the filing fee for a
candidate for election to the house of representatives. 

(c)  Authorizes a candidate to submit with the written notice a petition
signed by qualified voters of at least one-half of one percent of the total
number of votes cast in the most recent gubernatorial election in the
district. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.