| (a) Term of office.
(1) A member of a regional education service center
(RESC) board of directors shall be elected for a three-year term.
The term of office shall begin June 1.
(2) If a vacancy occurs due to death or resignation
of a member of an RESC board of directors, a 30-day period shall elapse,
after notice has been given to the board chair, before the vacancy
is filled.
(3) At the beginning of the 30-day period, notice of
any vacancy shall be given to the president of the board of trustees
and the superintendent of each school district in the education service
center region and shall be posted in appropriate locations.
(4) A vacancy for the unexpired term of a member of
an RESC board of directors shall be filled by appointment by the remaining
board members.
(b) Election procedures.
(1) A member of an RESC board of directors must be
a United States citizen, at least 18 years of age, and a resident
of that education service center region. He or she may not be engaged
professionally in prekindergarten-Grade 12 education or be a member
of a board of any educational agency or institution other than the
State Board of Education. The eligibility of an RESC board member
under this subsection is determined by the requirements specified
in this subsection as they existed on the date the RESC board member
was elected or appointed to office.
(2) A member of an RESC board of directors shall be
elected by the boards of trustees of the school districts in that
education service center region.
(3) Any eligible person wishing to seek election to
an RESC board of directors shall file at the headquarters of that
RESC in person or by certified mail between February 1 and February
20. No filing fee shall be required. Each RESC board of directors
shall adopt policies concerning filing procedures.
(4) By February 1, notice of the time and place for
filing shall be posted in appropriate locations and submitted to appropriate
newspapers in the education service center region for publication
and to the superintendent of each school district in the education
service center region.
(5) A ballot shall be developed and submitted to the
board of trustees of each school district in the education service
center region by March 1. Placement on the ballot shall be determined
by drawing. Each member of the board of trustees of each school district
in the education service center region shall have one vote for each
vacancy on the RESC board of directors. Completed ballots shall be
returned to the chair of the RESC board of directors by April 5. The
RESC board of directors shall canvass the ballots at its next regularly
scheduled or special meeting, but not later than May 31, and determine
the winner by a plurality of the votes cast. In the event of a tie,
the names of the candidates who have tied shall be resubmitted to
the board of trustees of each school district in the education service
center region.
(6) The provisions described in subsection (b)(2) and
(5) of this section do not apply if all positions in the election
are uncontested. In the event of an uncontested election, the RESC
board of directors may determine that no election will be held. The
RESC board of directors must make this determination prior to March
1. If, due to an uncontested election, the RESC board of directors
determines that an election should not be held, the RESC board shall
declare the unopposed candidates elected to office. The RESC executive
director shall notify the commissioner of education of the results
of an election, whether contested or uncontested.
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| Source Note: The provisions of this §53.1001 adopted to be effective September 1, 1998, 23 TexReg 5964; amended to be effective December 26, 1999, 24 TexReg 11324; amended to be effective April 9, 2017, 42 TexReg 1757; amended to be effective July 2, 2019, 44 TexReg 3264 |
