Bill Text: TX HB5039 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the governance and number of trustees of certain independent school districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Education [HB5039 Detail]
Download: Texas-2023-HB5039-Introduced.html
| By: Morales of Maverick | H.B. No. 5039 | |
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| relating to the governance and number of trustees of certain | ||
| independent school districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sec. 11.051, Education Code is amended to read | ||
| as follows: | ||
| Sec. 11.051. GOVERNANCE OF INDEPENDENT SCHOOL DISTRICT; | ||
| NUMBER OF TRUSTEES. (a) An independent school district is | ||
| governed by a board of trustees who, as a body corporate, shall: | ||
| (1) oversee the management of the district; and | ||
| (2) ensure that the superintendent implements and | ||
| monitors plans, procedures, programs, and systems to achieve | ||
| appropriate, clearly defined, and desired results in the major | ||
| areas of district operations. | ||
| (a-1) Unless authorized by the board, a member of the board | ||
| may not, individually, act on behalf of the board. The board of | ||
| trustees may act only by majority vote of the members present at a | ||
| meeting held in compliance with Chapter 551, Government Code, at | ||
| which a quorum of the board is present and voting. The board shall | ||
| provide the superintendent an opportunity to present at a meeting | ||
| an oral or written recommendation to the board on any item that is | ||
| voted on by the board at the meeting. | ||
| (b) The board consists of the number of members that the | ||
| district had on September 1, 1995. | ||
| (c) A board of trustees that has three or five members may by | ||
| resolution increase the membership to seven. A board of trustees | ||
| that votes to increase its membership must consider whether the | ||
| district would benefit from also adopting a single-member election | ||
| system under Section 11.052. A resolution increasing the number of | ||
| trustees takes effect with the second regular election of trustees | ||
| that occurs after the adoption of the resolution. The resolution | ||
| must provide for a transition in the number of trustees so that when | ||
| the transition is complete, trustees are elected as provided by | ||
| Section 11.059. | ||
| (d) A board of trustees of a an independent school district | ||
| eligible to receive funding under Chapter 48.101(b), Education | ||
| Code, that has seven members may by resolution decrease the | ||
| membership to five. A board of trustees that votes to decrease its | ||
| membership must certify that in two previous consecutive trustee | ||
| elections the board was unable to fill all trustee seats on the | ||
| board. A resolution decreasing the number of trustees takes effect | ||
| with the next regular election of trustees that occurs after the | ||
| adoption of the resolution. The resolution must provide for a | ||
| transition in the number of trustees so that when the transition is | ||
| complete, trustees are elected as provided by Section 11.059. | ||
| 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, 2023. | ||
