HBA-MSH H.B. 2862 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2862
By: Sadler
Public Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a board of trustees of an independent school district
(board) is authorized to hold an election of trustees on dates different
from other elections in the area.  Trustees are also elected for terms of
three or four years.  The high turnover and frequent elections may decrease
voter turnout.  House Bill 2862 requires boards to hold elections on the
same dates of other area elections, sets trustee terms at three or six
years, and authorizes voters to petition to change the manner in which
trustees are elected. 

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. 

ANALYSIS

House Bill 2862 amends the Education Code to require an independent school
district (district) to hold the election of trustees on a date on which at
least one other political subdivision in the territory of the district
holds an election.  The bill requires the board of trustees of the district
(board) to enter into an agreement to hold elections jointly  with the
governing body of at least one other political subdivision holding an
election on that date in the territory of the district.  The bill sets
forth provisions relating to the joint election agreement and common
polling places. 

H.B. 2862 also requires the board of a school district that has an
enrollment of at least 50,000 students to order an appropriate resolution
be placed on an election ballot if at least five percent or 10,000 of the
registered voters of a district, whichever is less, sign and present to the
board of trustees of the district a petition requesting submission to the
voters of the proposition that trustees of the district be selected in the
manner specified by the petition rather than in the manner in which the
trustees are currently selected if the manner specified by the proposition
is authorized by law.  The proposition is to be placed on the ballot at the
first regular election of trustees held after the 120th day after the date
the petition is submitted to the board.  Beginning with the first regular
election of trustees held after an election at which the majority of the
voters approved the proposition, trustees are required to be selected in
the manner prescribed by the approved proposition.  The bill prohibits the
selection of trustees in the new manner for more than 10 years after the
date of the first election held in the new manner unless the trustees order
by resolution that elections continue to be held in the new manner.  If the
method proposed by petition is election from singlemember districts, the
bill provides that existing provisions relating to single-member districts
apply. 

The bill modifies the terms of trustees to three or six years rather than
three or four years.  The bill sets forth provisions relating to the
transition from four year terms to three or six year terms. 

EFFECTIVE DATE

September 1, 2001.  The provisions relating to joint elections apply to an
election held after November 30, 2001.