Monday, April 6, 2009

House Bill 1387 on Dallas Trustee Elections calls for public hearing and voter approval

State Representative Yvonne Davis of Dallas has filed a bill to amend Section 11.065 of the Texas Education Code to require a public hearing and approval of voters in order to extend Dallas ISD Trustee terms of office. The bill is scheduled for a public hearing before the House Education Committee on Tuesday, April 7, 2009.

The proposed amendment to Section 11.065 of the Texas Education Code reads as follows:

81R5681 PAM-D

By: Davis of Dallas H.B. No. 1387



relating to hearing requirements for the adoption of certain rules by a board of trustees of certain school districts.


SECTION 1. Section 11.065, Education Code, is amended by amending Subsection (d) and adding Subsection (e) 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, 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. Before adopting a rule under this subsection, the board must:

(1) hold a public hearing at which registered voters of the district are given an opportunity to comment on the proposed rule; and

(2) not later than the seventh day before the date of the hearing, publish notice of the subject matter, location, date, and time of the hearing in a newspaper of general circulation in the district.

(e) The board of trustees of a school district described by Subsection (a) shall order and hold an election in the district to approve any rule adopted by the district under Subsection (d). A rule adopted by the district under Subsection (d) is not effective until it is approved by a majority of the district residents voting at an election held under this subsection. An election under this subsection must be held on the first uniform election date that occurs after the date the rule is adopted. For an election under this subsection, the ballot shall be prepared to permit voting for or against the proposition: "Approving a rule adopted by the board of trustees of (name of school district) that governs the requirement of members of the board concerning (insert description of rule)."

SECTION 2. 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, 2009.