Texas Attorney General Opinion: GA-0689 Page: 3 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Mr. Robert Scott - Page 3
The stated purpose of House Bill 2563 that enacted section 11.051 (a-1) is to clarify "the
precise roles of and relationship between [school district boards of trustees] and superintendents."
Sen. Research Ctr., Bill Analysis, Tex. Comm. Substitute H.B. 2563, 80th Leg., R.S. (2007); see also
Hearings on Tex. Comm. Substitute H.B. 2563 Before the Sen. Comm. on Educ., 80th Leg., R.S.
(May 17, 2007, Part II) (statement of Senator Leticia Van de Putte) ("This [bill] really details the
major responsibilities of [a] school board of trustee in a way that parallels the major responsibilities
of the superintendent . . . . It clarifies the relationship between the board of trustees and
superintendent in carrying out the governance and management function of the school district.").
And House Bill 2563 was enacted in circumstances under which anecdotal evidence and a newspaper
article highlighted complaints against individual school board members that "relat[ed] to operating
procedures, micromanagement of the district's daily operations, and the threatening of district
employees." Sen. Research Ctr., Bill Analysis, Tex. Comm. Substitute H.B. 2563, 80th Leg., R.S.
(2007); see also Hearings on Tex. H.B. 2563 Before the House Comm. on Pub. Educ., 80th Leg.,
R.S. (Apr. 17, 2007) (statement of Representative Kelly Hancock) (referring to article in Fort Worth
Star Telegram discussing complaints made to Texas Education Agency about individual school
board members' inappropriate involvement in operations of school district).
Moreover, the legislative history of House Bill 2563 indicates that the bill was meant to
define the role of a school board member and distinguish it from the role of a superintendent-as
a kind of job description for a board trustee. In the hearings before the House Committee on Public
Education and the Senate Committee on Education, the testimony of witnesses and the bill's authors
focused solely on the provisions in the bill pertaining to the respective authority of, and relationship
between, the school board and the superintendent. See Hearings on Tex. H.B. 2563 Before the
House Comm. on Pub. Educ., 80th Leg., R.S. (Apr. 17, 2007) (statements of Representative Kelly
Hancock; David Duty, Tex. Ass'n Sch. Bds.; Mike Moses, Tex. Bus. & Educ. Coal.); Hearings on
Tex. Comm. Substitute H.B. 2563 Before the Sen. Comm. on Educ., 80th Leg., R.S. (May 17, 2007,
part II) (statement of Senator Leticia Van de Putte). The purpose, circumstances of enactment, and
the legislative history indicate to us that the Legislature intended House Bill 2563 to better define
the role of a school board trustee and to segregate the board's role and duties from those of the
superintendent, particularly with respect to governance and management duties. There is no
indication that the Legislature intended to alter the common-law majority vote requirement for a
school district board of trustees.
Thus, absent clear indication in the text of section 11.051 (a-1) that the Legislature intended
to abrogate the common-law standard for determining a majority vote, and because we find no
indication in the extra-textual considerations of any such legislative intent, we conclude that section
11.051 (a-1) does not change the standard for determining the number of votes necessary for a school
district board of trustees to act in its official capacity. Because we answer your first question in the
negative, we need not address your additional questions.(GA-0689)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0689, text, January 6, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275585/m1/3/?q=%222009%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.