HBA-MPM S.B. 111 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 111
By: Carona
Public Education
4/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Current  law does not authorize the board of trustees in certain
independent school districts to require candidates to receive a majority of
votes to be elected.  Trustees are allowed to be elected through a simple
plurality vote, which may result in a candidate winning without a majority
of the votes. S.B. 111 provides the majority vote option for the board of
trustees of an independent school district in which the positions of
trustees are designated by number or in which the trustees are elected from
single-member districts. 

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 11.057, Education Code, as follows:

Sec. 11.057.  New title:  DETERMINATION OF RESULTS; OPTIONAL MAJORITY VOTE
REQUIREMENT.  (a)  Provides that a candidate receiving the highest number
of votes for each respective position voted on is elected in an independent
school district in which the trustees are elected from single-member
trustee districts as provided by Section 11.052 (Single-Member Trustee
Districts), Education Code, in addition to those designated by number as
provided by Section 11.058 (Election by Position), Education Code, except
as provided by proposed Subsection (c). 

(b)  Makes a conforming change.

(c)  Authorizes the board of trustees (board) of an independent school
district (district) in which the positions of the trustees are designated
by number or in which they are elected from single-member trustee districts
as provided by Section 11.052, Education Code, to provide by resolution and
no later than the 180th day before an election, that a candidate must
receive a majority vote for a position or in a trustee district, as
applicable, to be elected.  Provides that a resolution adopted under this
subsection is effective until rescinded by a subsequent resolution adopted
no later than the 180th day before the first election to which the
recission applies. 

SECTION 2.  Provides that Section 11.057, Education Code, as amended by
this Act, does not require a district to elect trustees in a manner other
than that the district was using on June 1, 1999. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.