84R8182 PAM/JRJ-F
 
  By: Anchia H.B. No. 2579
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the governance and operation of certain independent
  school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.0511 to read as follows:
         Sec. 11.0511.  STUDENT TRUSTEE FOR CERTAIN DISTRICTS. (a)
  This section applies only to a school district described by Section
  11.065(a).
         (b)  Notwithstanding Section 11.051(b), the board of
  trustees of a school district shall, on its own motion, order an
  election to submit to the qualified voters of the district the
  proposition to establish as a nonvoting member a student trustee
  position. If a majority of the voters voting in the election
  approve the establishment of the student trustee position, the
  board shall adopt a resolution establishing as a nonvoting member a
  student trustee position as provided by this section. 
         (c)  A student trustee serves a term of one year. The
  resolution shall establish the selection procedure for the student
  trustee position, including the method for filling a vacancy.
         (d)  A student is eligible to serve as a student trustee if
  the student is enrolled in the student's junior or senior year of
  high school and is considered in good standing academically and
  under the district code of conduct.
         (e)  To the extent permitted under the Family Educational
  Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), a student
  trustee may participate, other than voting, in all deliberations of
  the board and has a right of access to information, documents, and
  records in the same manner as a voting member of the board.
         (f)  A school district may grant to a student who fulfills
  the requirements of service of a student trustee not more than one
  academic course credit in a subject area determined appropriate by
  the district.
         SECTION 2.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.0525 to read as follows:
         Sec. 11.0525.  REDISTRICTING COMMISSION. (a)  This section
  applies only to a school district that:
               (1)  has nine single-member districts;
               (2)  has a central administrative office located in a
  county with a population of more than two million; and
               (3)  has a student enrollment of more than 125,000 and
  less than 200,000.
         (b)  The board of trustees of a school district to which this
  section applies shall, on its own motion, order an election to
  submit to the qualified voters of the district the proposition to
  establish a redistricting commission for the purpose of
  establishing board of trustee districts.  The election shall be
  held at the same time and in the same manner as an election held to
  elect candidates to the board. If the establishment of a
  redistricting commission is approved by a majority of the voters
  voting in an election held by the board for that purpose, then not
  later than January 31 of the year following the federal decennial
  census, each member of the board of trustees of the school district
  shall appoint one member to the redistricting commission.
         (c)  In making an appointment under this section, the board
  of trustees shall, as nearly as may be practicable, provide fair and
  balanced representation of all geographical areas of the school
  district in the redistricting process and provide a total
  membership that reflects the racial and ethnic makeup of the school
  district's population.  Members of the redistricting commission
  shall be appointed to serve a term that will end on completion of
  the redistricting commission's work.
         (d)  Administrative staff of the school district shall
  initiate and widely publicize a 60-day application process for the
  redistricting commission, open to all registered voters residing in
  the district, with outreach to diverse communities to encourage
  participation.  All applications to serve on the redistricting
  commission must be submitted in writing or electronically.
         (e)  The board president shall designate the chair of the
  redistricting commission, subject to confirmation by a majority of
  the board of trustees.
         (f)  To qualify for appointment to the redistricting
  commission, a person must:
               (1)  be registered to vote and have voted in two of the
  last three school district elections for the board of trustees;
               (2)  have been a resident of the school district for at
  least six months before the date of application; and
               (3)  have a capacity to serve with impartiality, the
  ability to work collaboratively, an understanding of the underlying
  legal principles of redistricting, a knowledge and appreciation of
  the diverse racial and ethnic demographics in the school district,
  and a will to serve the greater good.
         (g)  A member of the redistricting commission is not eligible
  to be a candidate for a place on the board of trustees in the next
  succeeding board election and may not be appointed or elected to the
  board or a commission of the school district for a period of one
  year after the date the member's service on the redistricting
  commission ends.
         (h)  The following persons are not eligible to serve on the
  redistricting commission:
               (1)  a member of the board of trustees or the spouse of
  a member of the board or any family member within the third degree
  of consanguinity or affinity, as determined under Chapter 573,
  Government Code;
               (2)  a person or the spouse of a person who has been
  appointed to or elected to any elective federal, state, county, or
  municipal office during the three years before the application
  date;
               (3)  the campaign manager, treasurer, or staff member
  of any candidate for federal, state, county, or municipal office
  during the five years before the application date;
               (4)  a registered lobbyist or the spouse of a lobbyist
  required to register with a municipal, county, state, or federal
  government;
               (5)  a person or the spouse of a person who has a
  contractual relationship with the school district, works for the
  district, works for or with or has a contractual relationship with
  any member of the board or the spouse, child, or parent of a member
  of the board; or
               (6)  a person who the board determines is otherwise
  ineligible to serve on the commission.
         (i)  By April 1 of the year of the federal decennial census,
  the administrative office servicing the board of trustees shall
  review each application for completeness and shall forward the
  complete applications to the internal auditor's office for
  independent verification to determine compliance with the
  qualifications and to eliminate applicants who do not qualify.  By
  June 1 of that year, the internal auditor's office shall forward a
  list of all qualified applicants to the board. The list must
  indicate the trustee district in which each applicant lives.
         (j)  The redistricting commission shall draw the board of
  trustee districts in compliance with the requirements of federal or
  state law and in compliance with the following guidelines:
               (1)  the districts shall be substantially equal in
  population according to the total population count as presented in
  the census data, except where deviation is required to comply with
  federal law or is otherwise allowable by law;
               (2)  in addition to the requirements of federal law,
  there shall be no discrimination on the basis of race, color, or
  membership in a language minority group, and the voting strength of
  racial, ethnic, and language minorities in the districts shall not
  be diluted to deprive minority voters of an equal opportunity to
  elect a candidate of their choice;
               (3)  the districts must be geographically compact, to
  the extent possible, and composed of contiguous territory;
               (4)  the reconfiguration of districts must be neutral
  as to incumbents or potential candidates;
               (5)  to the extent possible, the districts must not
  split defined school feeder patterns; and
               (6)  when possible without violating other
  requirements, communities of interest must be placed in a single
  district and neighborhoods may not be split.
         (k)  A member of the board of trustees may not have contact,
  directly or indirectly, with a redistricting commission member or
  with redistricting commission staff, with respect to
  redistricting, except by testimony in a public hearing.
  Redistricting commission members may not engage in any discussions,
  directly or indirectly, regarding redistricting or the work of the
  redistricting commission with members of the board, except during a
  public hearing or by written communication given to the entire
  commission.  If a redistricting commission member engages in a
  prohibited discussion or violates state law regarding public
  meetings, the commission may, by majority vote, remove the member
  from the commission.
         (l)  Before the redistricting commission begins work, the
  school district must provide commission members training from
  knowledgeable and professional trainers on school district
  demographics, the legal principles of redistricting, including the
  Voting Rights Act (52 U.S.C. Section 10101 et seq.), and the process
  for performing redistricting, including the use of computer
  software to draw district lines.
         (m)  On request, the school district shall provide support
  staff, equipment, and other resources as necessary for the
  redistricting commission to perform its duties.
         (n)  The redistricting commission shall solicit broad public
  participation in the redistricting process. The hearing process
  must include hearings to receive public input before the
  redistricting commission draws any maps and hearings following the
  drawing and display of any redistricting commission maps.  The
  redistricting commission shall display the proposed maps for public
  comment in a manner designed to achieve the widest public access
  reasonably possible and for a reasonable time before approval by
  the redistricting commission.  In addition, the redistricting
  commission shall make available a report that identifies for each
  district the district boundaries, population, racial and ethnic
  composition, and compactness measures.
         (o)  The redistricting commission shall file its recommended
  plan with the board president.  The president shall present the
  recommended plan to the board of trustees at its next meeting.  The
  board may adopt the plan as submitted or may modify and adopt the
  plan, but must adopt a plan not later than the 45th day after the
  date the board president received the plan. If the board modifies
  the plan, it must do so in open session at a board meeting with a
  written explanation of the need for the modification, and a copy of
  the proposed plan with the modification must be made available to
  the public 72 hours before a vote. A proposed plan must be approved
  by a vote of two-thirds of the members of the board.  If no action is
  taken by the board in the required period of time, the recommended
  plan of the redistricting commission becomes the final plan for the
  school district.
         (p)  The plan developed in accordance with this section shall
  be implemented at the next general election of the board of trustees
  conducted at least 90 days following the date the final plan becomes
  effective for the school district.
         SECTION 3.  Section 11.061, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  This subsection applies only to a school district
  described by Section 11.065(a). Notwithstanding Subsection (d),
  the board of trustees of a school district shall, on its own motion,
  order an election to submit to the qualified voters of the district
  the proposition to provide for trustee compensation equal to the
  average salary of teachers in the district who hold a bachelor's
  degree. If a majority of the voters voting in the election approve
  the trustee compensation, a trustee is entitled to compensation as
  provided by this subsection.
         SECTION 4.  Section 11.065(d), Education Code, is amended to
  read as follows:
         (d)  Notwithstanding Chapter 171, Acts of the 50th
  Legislature, Regular Session, 1947 (Article 2783d, Vernon's Texas
  Civil Statutes), to the extent consistent with this section and
  Section 11.066, the board of trustees of a school district
  described by Subsection (a) may adopt rules necessary to govern the
  term, election, and residency requirements of members of the board
  that may be adopted under general law by any other school district.
         SECTION 5.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.066 to read as follows:
         Sec. 11.066.  TERMS AND ELECTION DATE FOR CERTAIN SCHOOL
  DISTRICTS. (a) This section applies only to a school district
  described by Section 11.065(a).
         (b)  The board of trustees of a school district shall, on its
  own motion, order an election to submit to the qualified voters of
  the district the proposition to change the terms of office of
  trustees from three years to four years. If a majority of the
  voters voting in the election approve four-year terms, the board
  shall adopt a resolution changing the terms of trustees to
  four-year terms. The resolution must provide for staggered terms
  and specify the manner in which the transition from the length of
  three-year terms to four-year terms is made.
         (c)  The board of trustees of a school district shall, on its
  own motion, order an election to submit to the qualified voters of
  the district the proposition to change the date on which the
  district holds its general election for trustees to the November
  uniform election date. If a majority of the voters voting in the
  election approve the change, the board shall adopt a resolution
  changing the date on which the district holds its general election
  for trustees to the November uniform election date. The resolution
  must provide for adjusting the terms of office to conform to the new
  election date.
         SECTION 6.  Section 21.212, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  This subsection applies only to a school district
  described by Section 11.065(a). Notwithstanding Subsection (a),
  the board of trustees of a school district shall, on its own motion,
  order an election to submit to the qualified voters of the district
  the proposition to change the board vote requirement by which a
  superintendent may be considered for nonrenewal to a two-thirds
  vote of the trustees. If a majority of the voters voting in the
  election approve the change, the board shall adopt a resolution
  changing the vote requirement to a two-thirds vote. The resolution
  must provide that the change in the vote requirement applies only to
  a superintendent contract entered into on or after the effective
  date of the resolution.
         SECTION 7.  Section 25.0811, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  This subsection applies only to a school district
  described by Section 11.065(a). Notwithstanding Subsection (a),
  the board of trustees of a school district shall, on its own motion,
  order an election to submit to the qualified voters of the district
  the proposition to begin instruction for students for a school year
  before the fourth Monday in August. If a majority of the voters
  voting in the election approve the change, the board shall adopt a
  resolution that sets a date on which instruction for students
  begins for a school year that occurs before the fourth Monday in
  August.
         SECTION 8.  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, 2015.