reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.057. Determination of Results; Optional Majority Vote Requirement

Sec. 11.057.  DETERMINATION OF RESULTS;  OPTIONAL MAJORITY VOTE REQUIREMENT.  (a)  Except as provided by Subsection (c), in an independent school district in which the positions of trustees are designated by number as provided by Section 11.058 or in which the trustees are elected from single-member trustee districts as provided by Section 11.052, the candidate receiving the highest number of votes for each respective position voted on is elected.
(b)  In a district in which the positions of trustees are not designated by number or in which the trustees are not elected from single-member trustee districts, the candidates receiving the highest number of votes shall fill the positions the terms of which are normally expiring.
(c)  The board of trustees of an independent school district in which the positions of trustees are designated by number or in which the trustees are elected from single-member trustee districts as provided by Section 11.052 may provide by resolution, not later than the 180th day before the date of an election, that a candidate must receive a majority of the votes cast for a position or in a trustee district, as applicable, to be elected.  A resolution adopted under this subsection is effective until rescinded by a subsequent resolution adopted not later than the 180th day before the date of the first election to which the rescission applies.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 522, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.058. Election by Position

Sec. 11.058.  ELECTION BY POSITION.  (a)  The designation of the positions of trustees by number is or may be required only as specified by this section.
(b)  The positions on the board of trustees shall be designated by number in any independent school district in which the procedure of designating and electing the trustees by number has been authorized and instituted whether under general or special law and whether by resolution of the trustees or by operation of law.
(c)  The positions on the board of trustees shall be designated by number in any independent school district in which the board of trustees by resolution orders that all candidates for trustee be voted on and elected separately for positions on the board of trustees and that all candidates be designated on the official ballot according to the number of the positions for which they seek election.
(d)  The resolution of the board of trustees must be made not later than the 60th day before the date of any trustee election for this section to apply.
(e)  The board shall also, not later than the 60th day before the date of the election, number the positions on the board in the order in which the terms of office of the trustees expire.
(f)  Once the board of trustees of an independent school district has ordered the election of trustees by numbered positions under this section, neither the board of trustees nor their successors may rescind the action.
(g)  Ballots for an election to which this section applies must clearly show the position for which each person is a candidate.  The board of trustees shall arrange by lot the names of the candidates for each position.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.0581. Joint Elections Required

Sec. 11.0581.  JOINT ELECTIONS REQUIRED.  (a)  An election for trustees of an independent school district shall be held on the same date as:
(1)  the election for the members of the governing body of a municipality located in the school district;
(2)  the general election for state and county officers;
(3)  the election for the members of the governing body of a hospital district, if the school district:
(A)  is wholly or partly located in a county with a population of less than 50,000 that is adjacent to a county with a population of more than three million; and
(B)  held its election for trustees jointly with the election for the members of the governing body of the hospital district before May 2007; or
(4)  the election for the members of the governing board of a public junior college district in which the school district is wholly or partly located.
(b)  Elections held on the same date as provided by Subsection (a) shall be held as a joint election under Chapter 271, Election Code.
(c)  The voters of a joint election under this section shall be served by common polling places consistent with Section 271.003(b), Election Code.
(d)  The board of trustees of an independent school district changing an election date to comply with this section shall adjust the terms of office of its members to conform to the new election date.
(e)  The joint election agreement allocating expenses as provided by Section 271.004, Election Code, must provide that a school district is responsible only for the proportion of election expenses that corresponds to the proportion that the number of registered voters in the school district bears to the total number of registered voters in all political subdivisions participating in the joint election. This subsection applies only to a school district:
(1)  that has territory located in at least four counties, each of which has a population of less than 55,000; and
(2)  no part of which is located in a municipality.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 11.01, eff. May 31, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1010 (H.B. 945), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 40 (S.B. 729), Sec. 1, eff. May 10, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 8, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 326 (H.B. 1871), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 379 (H.B. 2778), Sec. 1, eff. June 2, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 15, eff. September 1, 2023.
For expiration of Subsections (e), (f), and (g), see Subsection (g).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.059. Terms

Sec. 11.059.  TERMS.  (a)  A trustee of an independent school district serves a term of three or four years.
(b)  Elections for trustees with three-year terms shall be held annually.  The terms of one-third of the trustees, or as near to one-third as possible, expire each year.
(c)  Elections for trustees with four-year terms shall be held biennially.  The terms of one-half of the trustees, or as near to one-half as possible, expire every two years.
(d)  A board policy must state the schedule on which specific terms expire.
(e)  Not later than December 31, 2023, the board of trustees may adopt a resolution changing the length of the terms of its trustees. The resolution must provide for staggered terms of either three or four years and specify the manner in which the transition from the length of the former term to the modified term is made.  The transition must begin with the first regular election for trustees that occurs after the board adopts the resolution, and a trustee who serves on the date the resolution is adopted shall serve the remainder of that term.
(f)  A resolution under Subsection (e) may only be adopted by a board of trustees of an independent school district:
(1)  with a central administrative office located in a county with a population of more than 1 million but less than 1.25 million; and
(2)  in which a municipality with a population of 4,500 or less is located.
(g) Subsections (e) and (f) and this subsection expire January 1, 2029.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 17 (S.B. 670), Sec. 1, eff. April 25, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 44, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 712 (H.B. 2285), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.060. Vacancies

Sec. 11.060.  VACANCIES.  (a)  If a vacancy occurs on the board of trustees of an independent school district, the remaining trustees may fill the vacancy by appointment until the next trustee election.
(b)  If the board is appointed by the governing body of a municipality, a trustee appointed by the governing body to fill a vacancy shall serve for the unexpired term.
(c)  Instead of filling a vacancy by appointment under Subsection (a) or (b), the board or municipal governing body may order a special election to fill the vacancy.  A special election is conducted in the same manner as the district's general election except as provided by the Election Code.
(d)  If more than one year remains in the term of the position vacated, the vacancy shall be filled under this section not later than the 180th day after the date the vacancy occurs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.061. Qualification and Organization of Trustees; Compensation

Sec. 11.061.  QUALIFICATION AND ORGANIZATION OF TRUSTEES;  COMPENSATION.  (a)  The trustees first elected or appointed after the creation or incorporation of an independent school district shall file their official oaths with the county judge of the county in which the district or a major portion of the district is situated.  After all subsequent elections, the newly elected trustees shall file their official oaths with the president of the board of trustees.
(b)  A person may not be elected trustee of an independent school district unless the person is a qualified voter.
(c)  Except as provided by Section 11.062, at the first meeting after each election and qualification of trustees, the members shall organize by selecting:
(1)  a president, who must be a member of the board;
(2)  a secretary, who may or may not be a member of the board;  and
(3)  other officers and committees the board considers necessary.
(d)  The trustees serve without compensation.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.062. Election of Officers in Certain School Districts

Sec. 11.062.  ELECTION OF OFFICERS IN CERTAIN SCHOOL DISTRICTS.  An independent school district in which, before September 1, 1995, part of the trustees were elected from single-member trustee districts and one or more board officers were elected at large shall continue electing trustees and officers in that manner until a different method of selection is adopted by resolution of the board of trustees.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.0621. Meetings

Sec. 11.0621.  MEETINGS.  The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting.  The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.063. Eligibility for Employment

Sec. 11.063.  ELIGIBILITY FOR EMPLOYMENT.  A trustee of an independent school district may not accept employment with that school district until the first anniversary of the date the trustee's membership on the board ends.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.065. Applicability to Certain Districts

Sec. 11.065.  APPLICABILITY TO CERTAIN DISTRICTS.  (a)  Sections 11.052(g) and (h) and Sections 11.059(a) and (b) do not apply to the board of trustees of a school district if:
(1)  the district's central administrative office is located in a county with a population of more than 2.5 million; and
(2)  the district's student enrollment is more than 125,000 and less than 200,000.
(b)  Section 11.053 of this code and Section 141.001, Election Code, apply to the board of trustees of a school district described by Subsection (a).
(c)  A trustee of a school district described by Subsection (a) may not serve a term that exceeds four years.
(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.
Added by Acts 2003, 78th Leg., ch. 344, Sec. 1, eff. June 18, 2003.
Renumbered from Education Code, Section 11.064 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(10), eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter C. Board of Trustees of Independent School District--General Provisions › Section 11.066. Eligibility for Service by Trustee Convicted of Certain Offenses

Sec. 11.066.  ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED OF CERTAIN OFFENSES.  A person is ineligible to serve as a member of the board of trustees of a school district if the person has been convicted of a felony or an offense under Section 43.021, Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 9, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 689 (S.B. 2283), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 37, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.151. In General

Sec. 11.151.  IN GENERAL.  (a)  The trustees of an independent school district constitute a body corporate and in the name of the district may acquire and hold real and personal property, sue and be sued, and receive bequests and donations or other moneys or funds coming legally into their hands.
(b)  Except as provided by Sections 39A.201 and 39A.202, the trustees as a body corporate have the exclusive power and duty to govern and oversee the management of the public schools of the district.  All powers and duties not specifically delegated by statute to the agency or to the State Board of Education are reserved for the trustees, and the agency may not substitute its judgment for the lawful exercise of those powers and duties by the trustees.
(c)  All rights and titles to the school property of the district, whether real or personal, shall be vested in the trustees and their successors in office.  The trustees may, in any appropriate manner, dispose of property that is no longer necessary for the operation of the school district.
(d)  The trustees may adopt rules and bylaws necessary to carry out the powers and duties provided by Subsection (b).
(e)  A school district may request the assistance of the attorney general on any legal matter.  The district must pay any costs associated with the assistance.
(f)  For purposes of this section, a county board of education, as defined by a board of county school trustees, and office of county school superintendent in a county with a population of 2.5 million or more and that is adjacent to a county with a population of more than one million are included within the definition of a school district and subject to the oversight of the agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 1.02, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1514. Social Security Numbers

Sec. 11.1514.  SOCIAL SECURITY NUMBERS.  The board of trustees of an independent school district shall adopt a policy prohibiting the use of the social security number of an employee of the district as an employee identifier other than for tax purposes.
Added by Acts 2013, 83rd Leg., R.S., Ch. 183 (H.B. 2961), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1515. Oversight of Academic Achievement

Sec. 11.1515.  OVERSIGHT OF ACADEMIC ACHIEVEMENT.  The board of trustees of an independent school district or the governing body of an open-enrollment charter school shall provide oversight regarding student academic achievement and strategic leadership for maximizing student performance.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1516. District Data on Academic Achievement

Sec. 11.1516.  DISTRICT DATA ON ACADEMIC ACHIEVEMENT.  (a)  On request by the board of trustees of an independent school district, the agency shall create an Internet website that members of the board may use to review campus and district academic achievement data.  The website must also be made available to campuses in a similar manner that access is provided to the board.
(b)  The Internet website must:
(1)  include district information, disaggregated by campus, grade, sex, race, academic quarter or semester, as applicable, and school year, regarding the following:
(A)  student academic achievement and growth;
(B)  teacher and student attendance; and
(C)  student discipline records; and
(2)  be updated at least once each quarter of the school year.
(c)  The commissioner shall provide information that permits a board member to compare the district's academic performance with the academic performance of other districts of similar size and racial and economic demographics.
(d)  A district must provide requested information to the commissioner for the creation of an Internet website under this section.
(e)  Confidential information received by the commissioner under this section from a district remains confidential.  The commissioner shall design the Internet website to ensure that:
(1)  public information is made available to the public; and
(2)  information submitted by districts noted as confidential is not made available to the public.
(f)  A request for public information under this section shall be submitted to the district that provides the agency with the information.  The agency may not release information submitted by a district that is noted as confidential information.
(g)  The agency may contract with a private entity as necessary to implement this section.
(h)  The commissioner may adopt rules for the implementation of this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1518. Trustee Information Posted on Website

Sec. 11.1518.  TRUSTEE INFORMATION POSTED ON WEBSITE.  (a)  Each school district that maintains an Internet website shall post on the website the name, e-mail address, and term of office, including the date the term began and the date the term expires, of each member of the district's board of trustees.
(b)  If a school district does not maintain an Internet website, the district shall submit the information required by Subsection (a) to the agency.  On receipt of the district's information, the agency shall post the information on the agency's Internet website.
(c)  Each time there is a change in the membership of a school district's board of trustees, the district shall update the information required under Subsection (a) and, as applicable:
(1)  post the updated information on the district's Internet website; or
(2)  submit the updated information to the agency for posting on the agency's Internet website in accordance with Subsection (b).
Added by Acts 2019, 86th Leg., R.S., Ch. 1054 (H.B. 963), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.152. Taxes; Bonds

Sec. 11.152.  TAXES;  BONDS.  The trustees of an independent school district may levy and collect taxes and issue bonds in compliance with Chapter 45.  If a specific rate of tax is not adopted at an election authorizing a tax, the trustees shall determine the rate of tax to be levied within the limit voted and specified by law.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.153. Sale of Minerals

Sec. 11.153.  SALE OF MINERALS.  (a)  Minerals in land belonging to an independent school district may be sold to any person under this section.
(b)  The sale must be authorized by a resolution adopted by majority vote of the board of trustees of the school district.
(c)  After adoption of a resolution under Subsection (b), the president of the board of trustees may execute an oil or gas lease or sell, exchange, and convey the minerals.  The mineral deed or lease must recite the approval of the resolution of the board authorizing the sale.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.154. Sale of Property Other Than Minerals

Sec. 11.154.  SALE OF PROPERTY OTHER THAN MINERALS.  (a)  The board of trustees of an independent school district may, by resolution, authorize the sale of any property, other than minerals, held in trust for public school purposes.
(b)  The president of the board of trustees shall execute a deed to the purchaser of the property reciting the resolution of the board of trustees authorizing the sale.
(c)  A school district may employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1541. Donation of Surplus Property

Sec. 11.1541.  DONATION OF SURPLUS PROPERTY.  (a)  The board of trustees of an independent school district may, by resolution, authorize the donation of real property and improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization if:
(1)  before adopting the resolution, the board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of the district;
(2)  the board determines that:
(A)  the improvements have historical significance;
(B)  the transfer will further the preservation of the improvements;  and
(C)  at the time of the transfer, the district does not need the real property or improvements for educational purposes;  and
(3)  the entity to whom the transfer is made has shown, to the satisfaction of the board, that the entity intends to continue to use the real property and improvements for public purposes.
(b)  The president of the board of trustees shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization.  The deed must:
(1)  recite the resolution of the board authorizing the donation;  and
(2)  provide that ownership of the real property and improvements revert to the district if the municipality, county, state agency, or nonprofit organization:
(A)  discontinues use of the real property and improvements for public purposes;  or
(B)  executes a document that purports to convey the property.
(c)  In this section, "nonprofit organization" means an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code.
Added by Acts 2001, 77th Leg., ch. 161, Sec. 1, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1542. Open-Enrollment Charter School Offer for District Facility

Sec. 11.1542.  OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR DISTRICT FACILITY.  (a)  The board of trustees of an independent school district that intends to sell, lease, or allow use for a purpose other than a district purpose of an unused or underused district facility must give each open-enrollment charter school located wholly or partly within the boundaries of the district the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the board of trustees, before offering the facility for sale or lease or to any other specific entity.
(b)  This section does not require the board of trustees of a school district to accept an offer made by an open-enrollment charter school.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.1543. Charter School Payment for Facilities Use or for Services

Sec. 11.1543.  CHARTER SCHOOL PAYMENT FOR FACILITIES USE OR FOR SERVICES.  (a)  An independent school district may not require a campus or campus program that has been granted a charter under Subchapter C, Chapter 12, and that is the result of the conversion of the status of an existing school district campus to pay rent for or to purchase a facility in order to use the facility.
(b)  An independent school district may not require a campus or campus program described by Subsection (a) or an open-enrollment charter school to pay for any service provided by the district under a contract between the district and the campus, campus program, or open-enrollment charter school an amount that is greater than the amount of the actual costs to the district of providing the service.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.155. Eminent Domain

Sec. 11.155.  EMINENT DOMAIN.  (a)  An independent school district may, by the exercise of the right of eminent domain, acquire the fee simple title to real property on which to construct school buildings or for any other public use necessary for the district.
(b)  In a condemnation by a school district, the trial and all other proceedings, including the assessing of damages, shall be in compliance with the statutes that apply to condemnation by a railroad.
(c)  When final judgment is issued in a condemnation, the plaintiff shall be awarded the fee simple title to the property condemned.
(d)  If the school district desires to take possession of the property to be condemned pending suit, it may do so at any time after the award of the commissioners and on the conditions in Subdivisions (1)-(4).
(1)  The district is not required to give any bond, but it must pay to the defendant the amount of damages awarded or adjudged against it by the commissioners or deposit that amount in court subject to the order of the defendant, and the district shall pay the costs awarded against it.
(2)  If on an appeal from the award of the commissioners the judgment exceeds the amount of the award, the district, if it has previously taken possession of the property, shall pay the judgment and costs awarded against it, not later than the 60th day after the date of the final judgment in the case.  If the school district fails to pay the judgment and costs, the court shall on application of the defendant determine the damages, if any, the defendant has suffered by reason of the temporary possession by the plaintiff, order those damages paid out of the award deposited in court, and order a writ of possession for the property in favor of the defendant.
(3)  If the final judgment on an appeal is less than the amount of the award of the commissioners, the court shall order the excess to be returned to the district.
(4)  If the cause is appealed from the decision of the county court, the appeal is governed by the law governing appeals in other cases, except that the judgment of the county court is not suspended by the appeal.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 1, eff. September 1, 2011.
For expiration of Subsections (c) and (d), see Subsection (d).
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.156. Donations to the Public Schools

Sec. 11.156.  DONATIONS TO THE PUBLIC SCHOOLS.  (a)  A conveyance, devise, or bequest of property for the benefit of the public schools made by anyone for any county, municipality, or district, if not otherwise directed by the donor, vests the property in the county school trustees, the board of trustees of the municipality or district, or their successors in office as trustees for those to be benefited by the donation.
(b)  The funds or other property donated or the income from the property may be spent by the trustees:
(1)  for any purpose designated by the donor that is in keeping with the lawful purposes of the schools for the benefit of which the donation was made;  or
(2)  for any legal purpose if a specific purpose is not designated by the donor.
(c)  A school district shall:
(1)  accept from a parent-teacher organization or association recognized by the district a donation designated to fund supplemental educational staff positions at a school campus; and
(2)  spend the donation accepted under Subdivision (1) for the designated purpose at the direction of and within the time period specified by the school campus for which the donation was designated.
(d)  Subsection (c) and this subsection expire September 1, 2025.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.157. Contracts for Educational Services

Sec. 11.157.  CONTRACTS FOR EDUCATIONAL SERVICES.  (a)  The board of trustees of an independent school district may contract with a public or private entity for that entity to provide educational services for the district.
(b)  A school district under contract with an open-enrollment charter school to jointly operate a campus or campus program during the 2017-2018 school year and under any renewal of that contract during the 2018-2019 school year is eligible to receive funding under former Section 42.2511 for each student or the portion of each student's school day under the direction of the open-enrollment charter school.  Beginning with the 2019-2020 school year, a school district is eligible to receive funding under Section 48.252 on the renewal of a contract described by this section.  The commissioner may adopt rules to determine the portion of funding a school district is entitled to under this subsection.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 677 (S.B. 2117), Sec. 1, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.002, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.159. Member Training and Orientation

Sec. 11.159.  MEMBER TRAINING AND ORIENTATION.  (a)  The State Board of Education shall provide a training course for independent school district trustees to be offered by the regional education service centers.  Registration for a course must be open to any interested person, including current and prospective board members, and the state board may prescribe a registration fee designed to offset the costs of providing that course.
(b)  A trustee must complete any training required by the State Board of Education.  The minutes of the last regular meeting of the board of trustees held before an election of trustees must reflect whether each trustee has met or is deficient in meeting the training required for the trustee as of the first anniversary of the date of the trustee's election or appointment.  If the minutes reflect that a trustee is deficient, the district shall post the minutes on the district's Internet website within 10 business days of the meeting and maintain the posting until the trustee meets the requirements.
(b-1)  The State Board of Education shall require a trustee to complete training on school safety.  The state board, in coordination with the Texas School Safety Center, shall develop the curriculum and materials for the training.
(c)  The State Board of Education shall require a trustee to complete every two years at least:
(1)  three hours of training on evaluating student academic performance; and
(2)  one hour of training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.
(c-1)  The training required by Subsection (c)(1) must be research-based and designed to support the oversight role of the board of trustees under Section 11.1515.
(c-2)  A candidate for trustee may complete the training required by Subsection (c) up to one year before the candidate is elected.  A new trustee shall complete the training within 120 days after the date of the trustee's election or appointment.  A returning trustee shall complete the training by the second anniversary of the completion of the trustee's previous training.
(d)  A trustee or candidate for trustee may complete training required under Subsection (c) at a regional education service center or through another authorized provider.  A provider must certify the completion of the training by a trustee or candidate.
(e)  For purposes of this section, "other maltreatment" has the meaning assigned by Section 42.002, Human Resources Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1244 (H.B. 2563), Sec. 5, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 214 (H.B. 403), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 313 (H.B. 690), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.160. Change of School District Name

Sec. 11.160.  CHANGE OF SCHOOL DISTRICT NAME.  (a)  The board of trustees of an independent school district by resolution may change the name of the school district.
(b)  The board shall give notice of the change in name of the district by sending to the commissioner a copy of the resolution, attested by the president and secretary of the board.  The district, under its changed name, is considered a continuation of the district, as formerly named, for all purposes.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.161. Frivolous Suit

Sec. 11.161.  FRIVOLOUS SUIT.  In a civil suit brought under state law, against an independent school district or an officer of an independent school district acting under color of office, the court may award costs and reasonable attorney's fees if:
(1)  the court finds that the suit is frivolous, unreasonable, and without foundation;  and
(2)  the suit is dismissed or judgment is for the defendant.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.162. School Uniforms

Sec. 11.162.  SCHOOL UNIFORMS.  (a)  The board of trustees of an independent school district may adopt rules that require students at a school in the district to wear school uniforms if the board determines that the requirement would improve the learning environment at the school.
(b)  The rules the board of trustees adopts must designate a source of funding that shall be used in providing uniforms for students at the school who are educationally disadvantaged.
(c)  A parent or guardian of a student assigned to attend a school at which students are required to wear school uniforms may choose for the student to be exempted from the requirement or to transfer to a school at which students are not required to wear uniforms and at which space is available if the parent or guardian provides a written statement that, as determined by the board of trustees, states a bona fide religious or philosophical objection to the requirement.
(d)  Students at a school at which uniforms are required shall wear the uniforms beginning on the 90th day after the date on which the board of trustees adopts the rules that require the uniforms.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.164. Restricting Written Information

Sec. 11.164.  RESTRICTING WRITTEN INFORMATION.  (a)  The board of trustees of each school district shall limit redundant requests for information and the number and length of written reports that a classroom teacher is required to prepare.  A classroom teacher may not be required to prepare any written information other than:
(1)  any report concerning the health, safety, or welfare of a student;
(2)  a report of a student's grade on an assignment or examination;
(3)  a report of a student's academic progress in a class or course;
(4)  a report of a student's grades at the end of each grade reporting period;
(5)  a report on instructional materials;
(6)  subject to Subsection (a-1), a unit or weekly lesson plan that outlines, in a brief and general manner, the information to be presented during each period at the secondary level or in each subject or topic at the elementary level;
(7)  an attendance report;
(8)  any report required for accreditation review;
(9)  any information required by a school district that relates to a complaint, grievance, or actual or potential litigation and that requires the classroom teacher's involvement; or
(10)  any information specifically required by law, rule, or regulation.
(a-1)  A unit or weekly lesson plan that is included in instructional material, as defined by Section 31.002, and adopted by the board of trustees of the school district at which a teacher is employed is sufficient to satisfy a requirement to prepare written information described by Subsection (a)(6).
(b)  The board of trustees shall review paperwork requirements imposed on classroom teachers and shall transfer to existing noninstructional staff a reporting task that can reasonably be accomplished by that staff.
(c)  This section does not preclude a school district from collecting essential information, in addition to information specified under Subsection (a), from a classroom teacher on agreement between the classroom teacher and the district.
Added by Acts 1997, 75th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 10, eff. July 19, 2011.
Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.165. Access to School Campuses

Sec. 11.165.  ACCESS TO SCHOOL CAMPUSES.  The board of trustees of an independent school district may adopt rules to keep school campuses, including school libraries, open for recreational activities, latchkey programs, and tutoring after school hours.
Added by Acts 1999, 76th Leg., ch. 1170, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.166. Operation on Campus of Institution of Higher Education

Sec. 11.166.  OPERATION ON CAMPUS OF INSTITUTION OF HIGHER EDUCATION.  (a)  The board of trustees of a school district may operate a school or program or hold a class on the campus of an institution of higher education in this state if the board obtains written consent from the president or other chief executive officer of the institution.
(b)  The president or other chief executive officer of an institution of higher education may provide written consent to a board of trustees of a school district under Subsection (a) regardless of whether the institution is located within the boundaries of the district.
Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.167. Operation Outside District Boundaries

Sec. 11.167.  OPERATION OUTSIDE DISTRICT BOUNDARIES.  The board of trustees of a school district may operate a school or program, including an extracurricular program, or hold a class outside the boundaries of the district.
Added by Acts 2001, 77th Leg., ch. 734, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.168. Use of District Resources Prohibited for Certain Purposes; Exception

Sec. 11.168.  USE OF DISTRICT RESOURCES PROHIBITED FOR CERTAIN PURPOSES; EXCEPTION.  (a)  Except as provided by Subsection (b) or Section 45.109(a-1), (a-2), or (a-3), the board of trustees of a school district may not enter into an agreement authorizing the use of school district employees, property, or resources for the provision of materials or labor for the design, construction, or renovation of improvements to real property not owned or leased by the district.
(b)  This section does not prohibit the board of trustees of a school district from entering into an agreement for the design, construction, or renovation of improvements to real property not owned or leased by the district if the improvements benefit real property owned or leased by the district.  Benefits to real property owned or leased by the district include the design, construction, or renovation of highways, roads, streets, sidewalks, crosswalks, utilities, and drainage improvements that serve or benefit the real property owned or leased by the district.
Added by Acts 2005, 79th Leg., Ch. 979 (H.B. 1826), Sec. 1, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.01, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 196 (S.B. 810), Sec. 1, eff. May 28, 2015.