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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance and operation of certain independent |
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school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.0511 to read as follows: |
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Sec. 11.0511. STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a) |
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This section applies only to a school district described by Section |
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11.065(a). |
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(b) Notwithstanding Section 11.051(b), the board of |
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trustees of a school district shall, on its own motion, order an |
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election to submit to the qualified voters of the district the |
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proposition to establish as a nonvoting member a student trustee |
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position. If a majority of the voters voting in the election |
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approve the establishment of the student trustee position, the |
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board shall adopt a resolution establishing as a nonvoting member a |
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student trustee position as provided by this section. |
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(c) A student trustee serves a term of one year. The |
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resolution shall establish the selection procedure for the student |
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trustee position, including the method for filling a vacancy. |
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(d) A student is eligible to serve as a student trustee if |
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the student is enrolled in the student's junior or senior year of |
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high school and is considered in good standing academically and |
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under the district code of conduct. |
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(e) To the extent permitted under the Family Educational |
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Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), a student |
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trustee may participate, other than voting, in all deliberations of |
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the board and has a right of access to information, documents, and |
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records in the same manner as a voting member of the board. |
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(f) A school district may grant to a student who fulfills |
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the requirements of service of a student trustee not more than one |
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academic course credit in a subject area determined appropriate by |
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the district. |
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SECTION 2. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.0525 to read as follows: |
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Sec. 11.0525. REDISTRICTING COMMISSION. (a) This section |
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applies only to a school district that: |
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(1) has nine single-member districts; |
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(2) has a central administrative office located in a |
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county with a population of more than two million; and |
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(3) has a student enrollment of more than 125,000 and |
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less than 200,000. |
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(b) The board of trustees of a school district to which this |
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section applies shall, on its own motion, order an election to |
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submit to the qualified voters of the district the proposition to |
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establish a redistricting commission for the purpose of |
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establishing board of trustee districts. The election shall be |
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held at the same time and in the same manner as an election held to |
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elect candidates to the board. If the establishment of a |
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redistricting commission is approved by a majority of the voters |
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voting in an election held by the board for that purpose, then not |
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later than January 31 of the year following the federal decennial |
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census, each member of the board of trustees of the school district |
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shall appoint one member to the redistricting commission. |
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(c) In making an appointment under this section, the board |
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of trustees shall, as nearly as may be practicable, provide fair and |
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balanced representation of all geographical areas of the school |
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district in the redistricting process and provide a total |
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membership that reflects the racial and ethnic makeup of the school |
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district's population. Members of the redistricting commission |
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shall be appointed to serve a term that will end on completion of |
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the redistricting commission's work. |
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(d) Administrative staff of the school district shall |
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initiate and widely publicize a 60-day application process for the |
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redistricting commission, open to all registered voters residing in |
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the district, with outreach to diverse communities to encourage |
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participation. All applications to serve on the redistricting |
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commission must be submitted in writing or electronically. |
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(e) The board president shall designate the chair of the |
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redistricting commission, subject to confirmation by a majority of |
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the board of trustees. |
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(f) To qualify for appointment to the redistricting |
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commission, a person must: |
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(1) be registered to vote and have voted in two of the |
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last three school district elections for the board of trustees; |
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(2) have been a resident of the school district for at |
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least six months before the date of application; and |
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(3) have a capacity to serve with impartiality, the |
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ability to work collaboratively, an understanding of the underlying |
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legal principles of redistricting, a knowledge and appreciation of |
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the diverse racial and ethnic demographics in the school district, |
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and a will to serve the greater good. |
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(g) A member of the redistricting commission is not eligible |
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to be a candidate for a place on the board of trustees in the next |
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succeeding board election and may not be appointed or elected to the |
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board or a commission of the school district for a period of one |
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year after the date the member's service on the redistricting |
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commission ends. |
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(h) The following persons are not eligible to serve on the |
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redistricting commission: |
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(1) a member of the board of trustees or the spouse of |
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a member of the board or any family member within the third degree |
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of consanguinity or affinity, as determined under Chapter 573, |
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Government Code; |
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(2) a person or the spouse of a person who has been |
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appointed to or elected to any elective federal, state, county, or |
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municipal office during the three years before the application |
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date; |
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(3) the campaign manager, treasurer, or staff member |
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of any candidate for federal, state, county, or municipal office |
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during the five years before the application date; |
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(4) a registered lobbyist or the spouse of a lobbyist |
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required to register with a municipal, county, state, or federal |
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government; |
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(5) a person or the spouse of a person who has a |
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contractual relationship with the school district, works for the |
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district, works for or with or has a contractual relationship with |
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any member of the board or the spouse, child, or parent of a member |
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of the board; or |
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(6) a person who the board determines is otherwise |
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ineligible to serve on the commission. |
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(i) By April 1 of the year of the federal decennial census, |
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the administrative office servicing the board of trustees shall |
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review each application for completeness and shall forward the |
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complete applications to the internal auditor's office for |
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independent verification to determine compliance with the |
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qualifications and to eliminate applicants who do not qualify. By |
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June 1 of that year, the internal auditor's office shall forward a |
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list of all qualified applicants to the board. The list must |
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indicate the trustee district in which each applicant lives. |
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(j) The redistricting commission shall draw the board of |
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trustee districts in compliance with the requirements of federal or |
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state law and in compliance with the following guidelines: |
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(1) the districts shall be substantially equal in |
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population according to the total population count as presented in |
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the census data, except where deviation is required to comply with |
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federal law or is otherwise allowable by law; |
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(2) in addition to the requirements of federal law, |
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there shall be no discrimination on the basis of race, color, or |
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membership in a language minority group, and the voting strength of |
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racial, ethnic, and language minorities in the districts shall not |
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be diluted to deprive minority voters of an equal opportunity to |
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elect a candidate of their choice; |
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(3) the districts must be geographically compact, to |
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the extent possible, and composed of contiguous territory; |
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(4) the reconfiguration of districts must be neutral |
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as to incumbents or potential candidates; |
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(5) to the extent possible, the districts must not |
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split defined school feeder patterns; and |
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(6) when possible without violating other |
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requirements, communities of interest must be placed in a single |
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district and neighborhoods may not be split. |
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(k) A member of the board of trustees may not have contact, |
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directly or indirectly, with a redistricting commission member or |
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with redistricting commission staff, with respect to |
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redistricting, except by testimony in a public hearing. |
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Redistricting commission members may not engage in any discussions, |
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directly or indirectly, regarding redistricting or the work of the |
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redistricting commission with members of the board, except during a |
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public hearing or by written communication given to the entire |
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commission. If a redistricting commission member engages in a |
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prohibited discussion or violates state law regarding public |
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meetings, the commission may, by majority vote, remove the member |
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from the commission. |
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(l) Before the redistricting commission begins work, the |
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school district must provide commission members training from |
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knowledgeable and professional trainers on school district |
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demographics, the legal principles of redistricting, including the |
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Voting Rights Act (52 U.S.C. Section 10101 et seq.), and the process |
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for performing redistricting, including the use of computer |
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software to draw district lines. |
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(m) On request, the school district shall provide support |
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staff, equipment, and other resources as necessary for the |
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redistricting commission to perform its duties. |
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(n) The redistricting commission shall solicit broad public |
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participation in the redistricting process. The hearing process |
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must include hearings to receive public input before the |
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redistricting commission draws any maps and hearings following the |
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drawing and display of any redistricting commission maps. The |
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redistricting commission shall display the proposed maps for public |
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comment in a manner designed to achieve the widest public access |
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reasonably possible and for a reasonable time before approval by |
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the redistricting commission. In addition, the redistricting |
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commission shall make available a report that identifies for each |
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district the district boundaries, population, racial and ethnic |
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composition, and compactness measures. |
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(o) The redistricting commission shall file its recommended |
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plan with the board president. The president shall present the |
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recommended plan to the board of trustees at its next meeting. The |
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board may adopt the plan as submitted or may modify and adopt the |
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plan, but must adopt a plan not later than the 45th day after the |
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date the board president received the plan. If the board modifies |
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the plan, it must do so in open session at a board meeting with a |
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written explanation of the need for the modification, and a copy of |
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the proposed plan with the modification must be made available to |
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the public 72 hours before a vote. A proposed plan must be approved |
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by a vote of two-thirds of the members of the board. If no action is |
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taken by the board in the required period of time, the recommended |
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plan of the redistricting commission becomes the final plan for the |
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school district. |
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(p) The plan developed in accordance with this section shall |
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be implemented at the next general election of the board of trustees |
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conducted at least 90 days following the date the final plan becomes |
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effective for the school district. |
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SECTION 3. Section 11.061, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This subsection applies only to a school district |
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described by Section 11.065(a). Notwithstanding Subsection (d), |
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the board of trustees of a school district shall, on its own motion, |
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order an election to submit to the qualified voters of the district |
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the proposition to provide for trustee compensation equal to the |
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average salary of teachers in the district who hold a bachelor's |
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degree. If a majority of the voters voting in the election approve |
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the trustee compensation, a trustee is entitled to compensation as |
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provided by this subsection. |
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SECTION 4. Section 11.065(d), Education Code, is amended to |
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read as follows: |
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(d) Notwithstanding Chapter 171, Acts of the 50th |
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Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas |
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Civil Statutes), to the extent consistent with this section and |
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Section 11.066, the board of trustees of a school district |
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described by Subsection (a) may adopt rules necessary to govern the |
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term, election, and residency requirements of members of the board |
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that may be adopted under general law by any other school district. |
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SECTION 5. Subchapter C, Chapter 11, Education Code, is |
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amended by adding Section 11.066 to read as follows: |
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Sec. 11.066. TERMS AND ELECTION DATE FOR CERTAIN SCHOOL |
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DISTRICTS. (a) This section applies only to a school district |
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described by Section 11.065(a). |
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(b) The board of trustees of a school district shall, on its |
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own motion, order an election to submit to the qualified voters of |
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the district the proposition to change the terms of office of |
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trustees from three years to four years. If a majority of the |
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voters voting in the election approve four-year terms, the board |
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shall adopt a resolution changing the terms of trustees to |
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four-year terms. The resolution must provide for staggered terms |
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and specify the manner in which the transition from the length of |
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three-year terms to four-year terms is made. |
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(c) The board of trustees of a school district shall, on its |
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own motion, order an election to submit to the qualified voters of |
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the district the proposition to change the date on which the |
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district holds its general election for trustees to the November |
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uniform election date. If a majority of the voters voting in the |
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election approve the change, the board shall adopt a resolution |
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changing the date on which the district holds its general election |
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for trustees to the November uniform election date. The resolution |
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must provide for adjusting the terms of office to conform to the new |
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election date. |
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SECTION 6. Section 21.212, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) This subsection applies only to a school district |
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described by Section 11.065(a). Notwithstanding Subsection (a), |
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the board of trustees of a school district shall, on its own motion, |
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order an election to submit to the qualified voters of the district |
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the proposition to change the board vote requirement by which a |
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superintendent may be considered for nonrenewal to a two-thirds |
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vote of the trustees. If a majority of the voters voting in the |
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election approve the change, the board shall adopt a resolution |
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changing the vote requirement to a two-thirds vote. The resolution |
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must provide that the change in the vote requirement applies only to |
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a superintendent contract entered into on or after the effective |
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date of the resolution. |
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SECTION 7. Section 25.0811, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This subsection applies only to a school district |
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described by Section 11.065(a). Notwithstanding Subsection (a), |
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the board of trustees of a school district shall, on its own motion, |
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order an election to submit to the qualified voters of the district |
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the proposition to begin instruction for students for a school year |
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before the fourth Monday in August. If a majority of the voters |
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voting in the election approve the change, the board shall adopt a |
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resolution that sets a date on which instruction for students |
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begins for a school year that occurs before the fourth Monday in |
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August. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |