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"IN THE KNOW": Remember The Crime Stoppers "Vandalism" of the Corpus Christi Country Club Golf Coursehigh powered members who control our nation’s eco

2007-04-20T06:26:00.000-07:00

"IN THE KNOW": Remember The Crime Stoppers "Vandalism" of the Corpus Christi Country Club Golf Course? Were there not high powered CCCC members who control our nation’s economy & industry. This work of fiction written by Hal Bray set here in Corpus Christi; I just thought you guys might like it. BTW, cant find that particular Crime Stoppers announcement. They tore up the CCCC Golf Course. Who is they?

who is the boss@ CCISD?

2007-01-02T12:51:00.000-08:00

EDUCATION CODE

SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE

CHAPTER 11. SCHOOL DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS

§ 11.001. ACCREDITATION. Each school district must be
accredited by the agency as provided by Subchapter D, Chapter 39.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.002. RESPONSIBILITY OF SCHOOL DISTRICTS FOR PUBLIC
EDUCATION. The school districts and charter schools created in
accordance with the laws of this state have the primary
responsibility for implementing the state's system of public
education and ensuring student performance in accordance with this
code.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.003. ADMINISTRATIVE EFFICIENCY.
Text of subsec. (a) effective until September 1, 2009

(a) Not later than December 1, 2006, the commissioner shall
evaluate the feasibility of including a uniform indicator under
Section 39.202(b) that measures effective administrative
management through the use of cooperative shared services
arrangements. If the commissioner determines that the adoption of
a uniform indicator described by this subsection is feasible, the
commissioner by rule shall include the indicator in the financial
accountability rating system under Subchapter I, Chapter 39, for
school districts beginning with the 2007-2008 school year. This
subsection expires September 1, 2009.
(b) Each regional education service center shall:
(1) notify each school district served by the center
regarding the opportunities available through the center for
cooperative shared services arrangements within the center's
service area; and
(2) evaluate the need for cooperative shared services
arrangements within the center's service area and consider
expanding center-sponsored cooperative shared services
arrangements.
(c) Each regional education service center shall assist a
school district board of trustees in entering into an agreement
with another district or political subdivision, a regional
education service center, or an institution of higher education as
defined by Section 61.003, for a cooperative shared services
arrangement regarding administrative services, including
transportation, food service, purchasing, and payroll functions.
(d) The commissioner may require a district to enter into a
cooperative shared services arrangement for administrative
services if the commissioner determines:
(1) that the district has failed to satisfy a
financial accountability standard as determined by commissioner
rule under Subchapter I, Chapter 39; and
(2) that entering into a cooperative shared services
arrangement would:
(A) enable the district to enhance its
performance on the financial accountability standard identified
under Subdivision (1); and
(B) promote the efficient operation of the
district.
(e) The commissioner may require an open-enrollment charter
school to enter into a cooperative shared services arrangement for
administrative services if the commissioner determines, after an
audit conducted under Section 12.1163, that such a cooperative
shared services arrangement would promote the efficient operation
of the school.

Added by Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 2.03, eff. May
26, 2006.
SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICTS

§ 11.011. ORGANIZATION. The board of trustees of an
independent school district, the superintendent of the district,
the campus administrators, and the district- and campus-level
committees established under Section 11.251 shall contribute to the
operation of the district in the manner provided by this code and by
the board of trustees of the district in a manner not inconsistent
with this code.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT--GENERAL PROVISIONS

§ 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 oversee the
management of the district.
(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.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.052. SINGLE-MEMBER TRUSTEE DISTRICTS. (a) Except as
provided by Subsection (b), the board of trustees of an independent
school district, on its own motion, may order that trustees of the
district are to be elected from single-member trustee districts or
that not fewer than 70 percent of the members of the board of
trustees are to be elected from single-member trustee districts
with the remaining trustees to be elected from the district at
large.
(b) If a majority of the area of an independent school
district is located in a county with a population of less than
10,000, the board of trustees of the district, on its own motion,
may order that trustees of the district are to be elected from
single-member trustee districts or that not fewer than 50 percent
of the members of the board of trustees are to be elected from
single-member trustee districts with the remaining trustees to be
elected from the district at large.
(c) Before adopting an order under Subsection (a) or (b),
the board must:
(1) hold a public hearing at which registered voters
of the district are given an opportunity to comment on whether or
not they favor the election of trustees in the manner proposed by
the board; and
(2) publish notice of the hearing in a newspaper that
has general circulation in the district, not later than the seventh
day before the date of the hearing.
(d) An order of the board adopted under Subsection (a) or
(b) must be entered not later than the 120th day before the date of
the first election at which all or some of the trustees are elected
from single-member trustee districts authorized by the order.
(e) If at least 15 percent or 15,000 of the registered
voters of the school district, whichever is less, sign and present
to the board of trustees a petition requesting submission to the
voters of the proposition that trustees of the district be elected
in a specific manner, which must be generally described on the
petition and which must be a manner of election that the board could
have ordered on its own motion under Subsection (a) or (b), the
board shall order that the appropriate proposition be placed on the
ballot at the first regular election of trustees held after the
120th day after the date the petition is submitted to the board.
The proposition must specify the number of trustees to be elected
from single-member districts. Beginning with the first regular
election of trustees held after an election at which a majority of
the registered voters voting approve the proposition, trustees of
the district shall be elected in the manner prescribed by the
approved proposition.
(f) If single-member trustee districts are adopted or
approved as provided by this section, the board shall divide the
school district into the appropriate number of trustee districts,
based on the number of members of the board that are to be elected
from single-member trustee districts, and shall number each trustee
district. The trustee districts must be compact and contiguous and
must be as nearly as practicable of equal population. In a district
with 150,000 or more students in average daily attendance, the
boundary of a trustee district may not cross a county election
precinct boundary except at a point at which the boundary of the
school district crosses the county election precinct boundary.
Trustee districts must be drawn not later than the 90th day before
the date of the first election of trustees from those districts.
(g) Residents of each trustee district are entitled to elect
one trustee to the board. A trustee elected to represent a trustee
district at the first election of trustees must be a resident of the
district the trustee represents not later than: (1) the 90th day
after the date election returns are canvassed; or (2) the 60th day
after the date of a final judgment in an election contest filed
concerning that trustee district. After the first election of
trustees from single-member trustee districts, a candidate for
trustee representing a single-member trustee district must be a
resident of the district the candidate seeks to represent. A person
appointed to fill a vacancy in a trustee district must be a resident
of that trustee district. A trustee vacates the office if the
trustee fails to move into the trustee district the trustee
represents within the time provided by this subsection or ceases to
reside in the district the trustee represents. A candidate for
trustee representing the district at large must be a resident of the
district.
(h) At the first election at which some or all of the
trustees are elected in a manner authorized by this section and
after each redistricting, all positions on the board shall be
filled. The trustees then elected shall draw lots for staggered
terms as provided by Section 11.059.
(i) Not later than the 90th day before the date of the first
regular school board election at which trustees may officially
recognize and act on the last preceding federal census, the board
shall redivide the district into the appropriate number of trustee
districts if the census data indicates that the population of the
most populous district exceeds the population of the least populous
district by more than 10 percent. Redivision of the district shall
be in the manner provided for division of the district under
Subsection (f).

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 982, § 1, eff. Sept. 1,
2001.

§ 11.053. OPTION TO CONTINUE IN OFFICE FOLLOWING ADOPTION
OF SINGLE-MEMBER PLAN OR REDISTRICTING. (a) The board of trustees
of an independent school district that adopts a redistricting plan
under Section 11.052 may provide for the trustees in office when the
plan is adopted or the school district is redistricted to serve for
the remainder of their terms in accordance with this section.
(b) The trustee district and any at-large positions
provided by the district's plan shall be filled as the staggered
terms of trustees then in office expire. Not later than the 90th
day before the date of the first election from trustee districts and
after each redistricting, the board shall determine the order in
which the positions will be filled.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 982, § 2, eff. Sept. 1,
2001.

§ 11.054. ELECTING TRUSTEES BY CUMULATIVE VOTING. (a)
The board of trustees of an independent school district that elects
its trustees at large or at large by position may order that
elections for trustees be held using the cumulative voting
procedure described by this section.
(b) At an election at which more than one trustee position
is to be filled, all of the positions that are to be filled at the
election shall be voted on as one race by all the voters of the
school district. Each voter is entitled to cast a number of votes
equal to the number of positions to be filled at the election.
(c) A voter may cast one or more of the specified number of
votes for any one or more candidates in any combination. Only whole
votes may be cast and counted.
(d) If a voter casts more than the number of votes to which
the voter is entitled in the election, none of the voter's votes may
be counted in that election. If a voter casts fewer votes than
entitled, all of the voter's votes are counted in that election.
(e) The candidates who are elected are those, in the number
to be elected, receiving the highest numbers of votes.
(f) If the board of trustees adopts an order requiring the
use of cumulative voting, only the trustee positions that were
scheduled to be elected at the election are filled through the use
of cumulative voting.
(g) An independent school district that adopts an order
requiring the use of cumulative voting may not elect its members by
position as provided by Section 11.058.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.055. APPLICATION TO GET ON BALLOT. (a) Except as
provided by Subsection (c), an application of a candidate for a
place on the ballot must be filed not later than 5 p.m. of the 62nd
day before the date of the election. An application may not be
filed earlier than the 30th day before the date of the filing
deadline.
(b) In a district in which the positions on the board of
trustees are not authorized to be designated by number, an
applicant is not required to state which other candidate, if any,
the applicant is opposing.
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 70th day before election day.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 925, § 9, eff. Nov. 1, 2003;
Acts 2005, 79th Leg., ch. 1109, § 30, eff. Sept. 1, 2005.

§ 11.056. WRITE-IN VOTING. (a) In an election for
trustees of an independent school district, a write-in vote may not
be counted for a person unless that person has filed a declaration
of write-in candidacy with the secretary of the board of trustees in
the manner provided for write-in candidates in the general election
for state and county officers.
(b) Except as provided by Subsection (e), a declaration of
write-in candidacy must be filed not later than 5 p.m. of the fifth
day after the date an application for a place on the ballot is
required to be filed.
(c) With the appropriate modifications and to the extent
practicable, Subchapter B, Chapter 146, Election Code, applies to
write-in voting in an election for trustees of an independent
school district.
(d) The secretary of state shall adopt the rules necessary
to implement this section.
(e) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1349, § 74, eff. Sept. 1,
1997; Acts 2005, 79th Leg., ch. 1109, § 31, eff. Sept. 1, 2005.

§ 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, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 522, § 1, eff. Sept. 1,
1999.

§ 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, § 1, eff. May 30, 1995.

§ 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; or
(2) the general election for state and county
officers.
(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.

Added by Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 11.01, eff. May
26, 2006.

§ 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) Expired.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 11.064. FILING OF FINANCIAL STATEMENT BY TRUSTEE. (a)
The board of trustees of an independent school district by
resolution adopted by majority vote may require each member of the
board to file the financial statement required of state officers
under Subchapter B, Chapter 572, Government Code, with:
(1) the board of trustees; and
(2) the Texas Ethics Commission.
(a-1) Not later than the 15th day after the date a board of
trustees adopts a resolution under Subsection (a), the board shall
deliver a certified copy of the resolution to the Texas Ethics
Commission.
(a-2) A resolution adopted under Subsection (a) applies
beginning on January 1 of the second year following the year in
which the resolution is adopted. A member of a board of trustees
that has adopted a resolution under Subsection (a) is not required
to include, in a financial disclosure statement under this section,
financial activity occurring before January 1 of the year following
the year in which the resolution is adopted.
(a-3) The commissioner by order shall require the members of
the board of trustees of an independent school district to file the
financial statement required of state officers under Subchapter B,
Chapter 572, Government Code, in the same manner as the members of a
board of trustees that have adopted a resolution under Subsection
(a) if the commissioner determines that:
(1) a board member has failed to comply with filing and
recusal requirements applicable to the member under Chapter 171,
Local Government Code;
(2) the district financial accounting practices are
not adequate to safeguard state and district funds; or
(3) the district has not met a standard set by the
commissioner in the financial accountability rating system.
(a-4) The commissioner may require filing financial
statements under Subsection (a-3) covering not more than three
fiscal years and beginning on January 1 of the second year following
the date of the commissioner's order. A member of a board of
trustees subject to an order issued under Subsection (a-3) is not
required to include, in a financial disclosure statement subject to
this section, financial activity occurring before January 1 of the
year following the year in which the order is issued. The
commissioner may renew the requirement if the commissioner
determines that a condition described by Subsection (c) continues
to exist.
(b) Subchapter B, Chapter 572, Government Code:
(1) applies to a trustee subject to this section as if
the trustee were a state officer; and
(2) governs the contents, timeliness of filing, and
public inspection of a statement filed under this section.
(c) A trustee serving in a school district that has adopted
a resolution under Subsection (a) or that is subject to an order
issued under Subsection (a-3) commits an offense if the trustee
fails to file the statement required by the resolution or order. An
offense under this section is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 249, § 6.04, eff. Sept. 1,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 30.01,
eff. Jan. 11, 2004.

§ 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 two 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, § 1, eff. June 18, 2003.
Renumbered from V.T.C.A., Education Code § 11.064 by Acts 2005,
79th Leg., ch. 728, § 23.001(10), eff. Sept. 1, 2005.
SUBCHAPTER D. POWERS AND DUTIES OF BOARD OF TRUSTEES OF INDEPENDENT SCHOOL DISTRICT

§ 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) 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.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 5, eff. Sept. 1,
2003.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. Jan. 1, 2002.
Amended by Acts 2003, 78th Leg., ch. 1189, § 1, eff. Sept. 1,
2003.

§ 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 for the purpose of
securing sites on which to construct school buildings or for any
other purpose 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, § 1, eff. May 30, 1995.

§ 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.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. 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.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.158. AUTHORITY TO CHARGE FEES. (a) The board of
trustees of an independent school district may require payment of:
(1) a fee for materials used in any program in which
the resultant product in excess of minimum requirements becomes, at
the student's option, the personal property of the student, if the
fee does not exceed the cost of materials;
(2) membership dues in student organizations or clubs
and admission fees or charges for attending extracurricular
activities, if membership or attendance is voluntary;
(3) a security deposit for the return of materials,
supplies, or equipment;
(4) a fee for personal physical education and athletic
equipment and apparel, although any student may provide the
student's own equipment or apparel if it meets reasonable
requirements and standards relating to health and safety
established by the board;
(5) a fee for items of personal use or products that a
student may purchase at the student's option, such as student
publications, class rings, annuals, and graduation announcements;
(6) a fee specifically permitted by any other statute;
(7) a fee for an authorized voluntary student health
and accident benefit plan;
(8) a reasonable fee, not to exceed the actual annual
maintenance cost, for the use of musical instruments and uniforms
owned or rented by the district;
(9) a fee for items of personal apparel that become the
property of the student and that are used in extracurricular
activities;
(10) a parking fee or a fee for an identification card;
(11) a fee for a driver training course, not to exceed
the actual district cost per student in the program for the current
school year;
(12) a fee for a course offered for credit that
requires the use of facilities not available on the school premises
or the employment of an educator who is not part of the school's
regular staff, if participation in the course is at the student's
option;
(13) a fee for a course offered during summer school,
except that the board may charge a fee for a course required for
graduation only if the course is also offered without a fee during
the regular school year;
(14) a reasonable fee for transportation of a student
who lives within two miles of the school the student attends to and
from that school, except that the board may not charge a fee for
transportation for which the school district receives funds under
Section 42.155(d); or
(15) a reasonable fee, not to exceed $50, for costs
associated with an educational program offered outside of regular
school hours through which a student who was absent from class
receives instruction voluntarily for the purpose of making up the
missed instruction and meeting the level of attendance required
under Section 25.092.
(b) The board may not charge fees for:
(1) textbooks, workbooks, laboratory supplies, or
other supplies necessary for participation in any instructional
course except as authorized under this code;
(2) field trips required as a part of a basic education
program or course;
(3) any specific form of dress necessary for any
required educational program or diplomas;
(4) the payment of instructional costs for necessary
school personnel employed in any course or educational program
required for graduation;
(5) library books required to be used for any
educational course or program, other than fines for lost, damaged,
or overdue books;
(6) admission to any activity the student is required
to attend as a prerequisite to graduation;
(7) admission to or examination in any required
educational course or program; or
(8) lockers.
(c) Students may be required to furnish personal or
consumable items, including pencils, paper, pens, erasers,
notebooks, and school uniforms, except that students who are
educationally disadvantaged may be required to furnish school
uniforms only as provided by Section 11.162.
(d) The board may not charge a fee under Subsection (a)(12)
for a course to which Section 28.003 applies.
(e) This section does not prohibit the operation of a school
store in which students may purchase school supplies and materials.
(f) A school district shall adopt reasonable procedures for
waiving a deposit or fee if a student or the student's parent or
guardian is unable to pay it. This policy shall be posted in a
central location in each school facility, in the school policy
manual, and in the student handbook.
(g) This section does not prohibit a board of trustees from
charging reasonable fees for goods and services provided in
connection with any postsecondary instructional program, including
career and technology, adult, veterans', or continuing education,
community service, evening school, and high school equivalency
programs.
(h) For a fee charged under Subsection (a)(15), the school
district must provide a written form to be signed by the student's
legal guardian stating that this fee would not create a financial
hardship or discourage the student from attending the program. The
school district may only assess the fee if the student returns the
signed form.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1029, § 3, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 698, § 1, eff. June 18, 1999.

§ 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.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 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, § 1, eff. May 30, 1995.

§ 11.163. EMPLOYMENT POLICY. (a) The board of trustees
of each independent school district shall adopt a policy providing
for the employment and duties of district personnel. The
employment policy must provide that:
(1) the superintendent has sole authority to make
recommendations to the board regarding the selection of all
personnel other than the superintendent, except that the board may
delegate final authority for those decisions to the superintendent;
and
(2) each principal must approve each teacher or staff
appointment to the principal's campus as provided by Section
11.202.
(b) The board of trustees may accept or reject the
superintendent's recommendation regarding the selection of
district personnel. If the board rejects the superintendent's
recommendation, the superintendent shall make alternative
recommendations until the board accepts a recommendation.
(c) The employment policy may:
(1) specify the terms of employment with the district;
(2) delegate to the superintendent the authority to
determine the terms of employment with the district; or
(3) include a provision for providing each current
district employee with an opportunity to participate in a process
for transferring to another school in or position with the
district.
(d) The employment policy must provide that not later than
the 10th school day before the date on which a district fills a
vacant position for which a certificate or license is required as
provided by Section 21.003, other than a position that affects the
safety and security of students as determined by the board of
trustees, the district must provide to each current district
employee:
(1) notice of the position by posting the position on:
(A) a bulletin board at:
(i) a place convenient to the public in the
district's central administrative office; and
(ii) the central administrative office of
each campus in the district during any time the office is open; and
(B) the district's Internet website, if the
district has a website; and
(2) a reasonable opportunity to apply for the
position.
(e) If, during the school year, the district must fill a
vacant position held by a teacher, as defined by Section 21.201, in
less than 10 school days, the district:
(1) must provide notice of the position in the manner
described by Subsection (d)(1) as soon as possible after the
vacancy occurs;
(2) is not required to provide the notice for 10 school
days before filling the position; and
(3) is not required to comply with Subsection (d)(2).

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2005, 79th Leg., ch. 705, § 1, eff. June 17,
2005.

§ 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 textbook report;
(6) 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.
(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, § 1, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 201, § 6, eff. Sept. 1,
2003.

§ 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, § 1, eff. June 18, 1999.

§ 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, § 1, eff. June 13, 2001.

§ 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, § 1, eff. June 13, 2001.

§ 11.168. USE OF DISTRICT RESOURCES PROHIBITED FOR
CERTAIN PURPOSES.
Text of section as added by Acts 2005, 79th Leg., ch. 979, § 1

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.

Added by Acts 2005, 79th Leg., ch. 979, § 1, eff. June 18, 2005.

For text of section as added by Acts 2005, 79th Leg., ch. 1109, §
32, see § 11.168, post.

§ 11.168. ELECTIONEERING PROHIBITED.
Text of section as added by Acts 2005, 79th Leg., ch. 1109, § 32

Notwithstanding any other law, the board of trustees of an
independent school district may not use state or local funds or
other resources of the district to electioneer for or against any
candidate, measure, or political party.

Added by Acts 2005, 79th Leg., ch. 1109, § 32, eff. Sept. 1,
2005.

For text of section as added by Acts 2005, 79th Leg., ch. 979, §
1, see § 11.168, ante.

§ 11.170. INTERNAL AUDITOR. If a school district employs
an internal auditor:
(1) the board of trustees shall select the internal
auditor; and
(2) the internal auditor shall report directly to the
board.

Added by Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 2.04, eff. May
26, 2006.
SUBCHAPTER E. SUPERINTENDENTS AND PRINCIPALS

§ 11.201. SUPERINTENDENTS. (a) The superintendent is the
educational leader and the chief executive officer of the school
district.
(b) The board of trustees of an independent school district
may employ by contract a superintendent for a term not to exceed
five years.
(c) For purposes of this subsection, "severance payment"
means any amount paid by the board of trustees of an independent
school district to or in behalf of a superintendent on early
termination of the superintendent's contract that exceeds the
amount earned by the superintendent under the contract as of the
date of termination, including any amount that exceeds the amount
of earned standard salary and benefits that is paid as a condition
of early termination of the contract. The board of trustees that
makes a severance payment to a superintendent shall report the
terms of the severance payment to the commissioner. The
commissioner shall reduce the district's Foundation School Program
funds by any amount that the amount of the severance payment to the
superintendent exceeds an amount equal to one year's salary and
benefits under the superintendent's terminated contract. The
commissioner may adopt rules as necessary to administer this
subsection.
(d) The duties of the superintendent include:
(1) assuming administrative responsibility and
leadership for the planning, operation, supervision, and
evaluation of the education programs, services, and facilities of
the district and for the annual performance appraisal of the
district's staff;
(2) assuming administrative authority and
responsibility for the assignment and evaluation of all personnel
of the district other than the superintendent;
(3) making recommendations regarding the selection of
personnel of the district other than the superintendent, as
provided by Section 11.163;
(4) initiating the termination or suspension of an
employee or the nonrenewal of an employee's term contract;
(5) managing the day-to-day operations of the district
as its administrative manager;
(6) preparing and submitting to the board of trustees
a proposed budget as provided by Section 44.002;
(7) preparing recommendations for policies to be
adopted by the board of trustees and overseeing the implementation
of adopted policies;
(8) developing or causing to be developed appropriate
administrative regulations to implement policies established by
the board of trustees;
(9) providing leadership for the attainment of student
performance in the district based on the indicators adopted under
Section 39.051 and other indicators adopted by the State Board of
Education or the district's board of trustees;
(10) organizing the district's central
administration; and
(11) performing any other duties assigned by action of
the board of trustees.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 955, § 1, eff. Sept. 1,
2001.

§ 11.202. PRINCIPALS. (a) The principal of a school is
the instructional leader of the school and shall be provided with
adequate training and personnel assistance to assume that role.
(b) Each principal shall:
(1) except as provided by Subsection (d), approve all
teacher and staff appointments for that principal's campus from a
pool of applicants selected by the district or of applicants who
meet the hiring requirements established by the district, based on
criteria developed by the principal after informal consultation
with the faculty;
(2) set specific education objectives for the
principal's campus, through the planning process under Section
11.253;
(3) develop budgets for the principal's campus;
(4) assume the administrative responsibility and
instructional leadership, under the supervision of the
superintendent, for discipline at the campus;
(5) assign, evaluate, and promote personnel assigned
to the campus;
(6) recommend to the superintendent the termination or
suspension of an employee assigned to the campus or the nonrenewal
of the term contract of an employee assigned to the campus; and
(7) perform other duties assigned by the
superintendent pursuant to the policy of the board of trustees.
(c) The board of trustees of a school district shall adopt a
policy for the selection of a campus principal that includes
qualifications required for that position.
(d) The superintendent or the person designated by the
superintendent has final placement authority for a teacher
transferred because of enrollment shifts or program changes in the
district.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.203. SCHOOL LEADERSHIP PILOT PROGRAM FOR
PRINCIPALS.
Text of section effective until September 1, 2010

(a) The agency shall develop and implement a school
leadership pilot program for principals in cooperation with a
nonprofit corporation that has substantial experience in
developing best practices to improve leadership skills, student
achievement, student graduation rates, and teacher retention.
(b) The agency shall consult business schools, departments,
or programs at institutions of higher education to develop program
course work that focuses on management and business training.
(c) A principal or a person interested in becoming a
principal may apply for participation in the program, in a form and
manner determined by the commissioner.
(d) A principal of a campus rated academically
unacceptable, as well as any person employed to replace that
principal, shall participate in the program and complete the
program requirements not later than a date determined by the
commissioner.
(e) To pay the costs of administering the program, the
commissioner may use funds appropriated to the agency and available
for that purpose.
Text of subsec. (e-1) effective until August 31, 2007

(e-1) For the state fiscal biennium beginning September 1,
2005, the amount the commissioner may use to finance activities
under this section may not exceed $3.6 million. This subsection
expires August 31, 2007.
(f) To implement and administer the program, the
commissioner may accept grants, gifts, and donations from public
and private entities.
(g) The commissioner may adopt rules necessary to
administer this section.
(h) During the first semester of the 2008-2009 school year,
the agency shall evaluate the effectiveness of the program in
developing and enhancing the ability of principals participating in
the program to provide school leadership and improve student
achievement and graduation rates and teacher retention. Not later
than January 1, 2009, the agency shall submit a report explaining
the results of the study to the governor, lieutenant governor,
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education.
(i) This section expires September 1, 2010.

Added by Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 4.01, eff. May
26, 2006.
SUBCHAPTER F. DISTRICT-LEVEL AND SITE-BASED DECISION-MAKING

§ 11.251. PLANNING AND DECISION-MAKING PROCESS. (a) The
board of trustees of each independent school district shall ensure
that a district improvement plan and improvement plans for each
campus are developed, reviewed, and revised annually for the
purpose of improving the performance of all students. The board
shall annually approve district and campus performance objectives
and shall ensure that the district and campus plans:
(1) are mutually supportive to accomplish the
identified objectives; and
(2) at a minimum, support the state goals and
objectives under Chapter 4.
(b) The board shall adopt a policy to establish a district-
and campus-level planning and decision-making process that will
involve the professional staff of the district, parents, and
community members in establishing and reviewing the district's and
campuses' educational plans, goals, performance objectives, and
major classroom instructional programs. The board shall establish
a procedure under which meetings are held regularly by district-
and campus-level planning and decision-making committees that
include representative professional staff, parents of students
enrolled in the district, business representatives, and community
members. The committees shall include a business representative
without regard to whether the representative resides in the
district or whether the business the person represents is located
in the district. The board, or the board's designee, shall
periodically meet with the district-level committee to review the
district-level committee's deliberations.
(c) For purposes of establishing the composition of
committees under this section:
(1) a person who stands in parental relation to a
student is considered a parent;
(2) a parent who is an employee of the school district
is not considered a parent representative on the committee;
(3) a parent is not considered a representative of
community members on the committee; and
(4) community members must reside in the district and
must be at least 18 years of age.
(d) The board shall also ensure that an administrative
procedure is provided to clearly define the respective roles and
responsibilities of the superintendent, central office staff,
principals, teachers, district-level committee members, and
campus-level committee members in the areas of planning, budgeting,
curriculum, staffing patterns, staff development, and school
organization. The board shall ensure that the district-level
planning and decision-making committee will be actively involved in
establishing the administrative procedure that defines the
respective roles and responsibilities pertaining to planning and
decision-making at the district and campus levels.
(e) The board shall adopt a procedure, consistent with
Section 21.407(a), for the professional staff in the district to
nominate and elect the professional staff representatives who shall
meet with the board or the board designee as required under this
section. At least two-thirds of the elected professional staff
representatives must be classroom teachers. The remaining staff
representatives shall include both campus- and district-level
professional staff members. Board policy must provide procedures
for:
(1) the selection of parents to the district-level and
campus-level committees; and
(2) the selection of community members and business
representatives to serve on the district-level committee in a
manner that provides for appropriate representation of the
community's diversity.
(f) The district policy must provide that all pertinent
federal planning requirements are addressed through the district-
and campus-level planning process.
(g) This section does not:
(1) prohibit the board from conducting meetings with
teachers or groups of teachers other than the meetings described by
this section;
(2) prohibit the board from establishing policies
providing avenues for input from others, including students or
paraprofessional staff, in district- or campus-level planning and
decision-making;
(3) limit or affect the power of the board to govern
the public schools; or
(4) create a new cause of action or require collective
bargaining.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 61, § 1, eff. May 16, 2003.

§ 11.252. DISTRICT-LEVEL PLANNING AND
DECISION-MAKING. (a) Each school district shall have a district
improvement plan that is developed, evaluated, and revised
annually, in accordance with district policy, by the superintendent
with the assistance of the district-level committee established
under Section 11.251. The purpose of the district improvement plan
is to guide district and campus staff in the improvement of student
performance for all student groups in order to attain state
standards in respect to the academic excellence indicators adopted
under Section 39.051. The district improvement plan must include
provisions for:
(1) a comprehensive needs assessment addressing
district student performance on the academic excellence
indicators, and other appropriate measures of performance, that are
disaggregated by all student groups served by the district,
including categories of ethnicity, socioeconomic status, sex, and
populations served by special programs, including students in
special education programs under Subchapter A, Chapter 29;
(2) measurable district performance objectives for
all appropriate academic excellence indicators for all student
populations, including students in special education programs
under Subchapter A, Chapter 29, and other measures of student
performance that may be identified through the comprehensive needs
assessment;
(3) strategies for improvement of student performance
that include:
(A) instructional methods for addressing the
needs of student groups not achieving their full potential;
(B) methods for addressing the needs of students
for special programs, such as suicide prevention, conflict
resolution, violence prevention, or dyslexia treatment programs;
(C) dropout reduction;
(D) integration of technology in instructional
and administrative programs;
(E) discipline management;
(F) staff development for professional staff of
the district;
(G) career education to assist students in
developing the knowledge, skills, and competencies necessary for a
broad range of career opportunities; and
(H) accelerated education;
(4) strategies for providing to middle school, junior
high school, and high school students, those students' teachers and
counselors, and those students' parents information about:
(A) higher education admissions and financial
aid opportunities;
(B) the TEXAS grant program and the Teach for
Texas grant program established under Chapter 56;
(C) the need for students to make informed
curriculum choices to be prepared for success beyond high school;
and
(D) sources of information on higher education
admissions and financial aid;
(5) resources needed to implement identified
strategies;
(6) staff responsible for ensuring the accomplishment
of each strategy;
(7) timelines for ongoing monitoring of the
implementation of each improvement strategy; and
(8) formative evaluation criteria for determining
periodically whether strategies are resulting in intended
improvement of student performance.
(b) A district's plan for the improvement of student
performance is not filed with the agency, but the district must make
the plan available to the agency on request.
(c) In a district that has only one campus, the district-
and campus-level committees may be one committee and the district
and campus plans may be one plan.
(d) At least every two years, each district shall evaluate
the effectiveness of the district's decision-making and planning
policies, procedures, and staff development activities related to
district- and campus-level decision-making and planning to ensure
that they are effectively structured to positively impact student
performance.
(d-1) Expired.
(e) The district-level committee established under Section
11.251 shall hold at least one public meeting per year. The
required meeting shall be held after receipt of the annual district
performance report from the agency for the purpose of discussing
the performance of the district and the district performance
objectives. District policy and procedures must be established to
ensure that systematic communications measures are in place to
periodically obtain broad-based community, parent, and staff input
and to provide information to those persons regarding the
recommendations of the district-level committee. This section does
not create a new cause of action or require collective bargaining.
(f) A superintendent shall regularly consult the
district-level committee in the planning, operation, supervision,
and evaluation of the district educational program.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1202, § 2, eff. June 18,
1999; Acts 1999, 76th Leg., ch. 1590, § 6, eff. June 19, 1999;
Acts 2001, 77th Leg., ch. 1261, § 7, eff. June 15, 2001.

§ 11.253. CAMPUS PLANNING AND SITE-BASED
DECISION-MAKING. (a) Each school district shall maintain current
policies and procedures to ensure that effective planning and
site-based decision-making occur at each campus to direct and
support the improvement of student performance for all students.
(b) Each district's policy and procedures shall establish
campus-level planning and decision-making committees as provided
for through the procedures provided by Sections 11.251(b)-(e).
(c) Each school year, the principal of each school campus,
with the assistance of the campus-level committee, shall develop,
review, and revise the campus improvement plan for the purpose of
improving student performance for all student populations,
including students in special education programs under Subchapter
A, Chapter 29, with respect to the academic excellence indicators
adopted under Section 39.051 and any other appropriate performance
measures for special needs populations.
(d) Each campus improvement plan must:
(1) assess the academic achievement for each student
in the school using the academic excellence indicator system as
described by Section 39.051;
(2) set the campus performance objectives based on the
academic excellence indicator system, including objectives for
special needs populations, including students in special education
programs under Subchapter A, Chapter 29;
(3) identify how the campus goals will be met for each
student;
(4) determine the resources needed to implement the
plan;
(5) identify staff needed to implement the plan;
(6) set timelines for reaching the goals;
(7) measure progress toward the performance
objectives periodically to ensure that the plan is resulting in
academic improvement;
(8) include goals and methods for violence prevention
and intervention on campus; and
(9) provide for a program to encourage parental
involvement at the campus.
(e) In accordance with the administrative procedures
established under Section 11.251(b), the campus-level committee
shall be involved in decisions in the areas of planning, budgeting,
curriculum, staffing patterns, staff development, and school
organization. The campus-level committee must approve the portions
of the campus plan addressing campus staff development needs.
(f) This section does not create a new cause of action or
require collective bargaining.
(g) Each campus-level committee shall hold at least one
public meeting per year. The required meeting shall be held after
receipt of the annual campus rating from the agency to discuss the
performance of the campus and the campus performance objectives.
District policy and campus procedures must be established to ensure
that systematic communications measures are in place to
periodically obtain broad-based community, parent, and staff
input, and to provide information to those persons regarding the
recommendations of the campus-level committees.
(h) A principal shall regularly consult the campus-level
committee in the planning, operation, supervision, and evaluation
of the campus educational program.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 510, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1202, § 3, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1365, § 1, eff. June 19, 1999; Acts
2001, 77th Leg., ch. 1420, § 4.003, eff. Sept. 1, 2001.

§ 11.254. STATE RESPONSIBILITIES FOR THE PLANNING AND
DECISION-MAKING PROCESS. (a) The commissioner shall oversee the
provision of training and technical support to all districts and
campuses in respect to planning and site-based decision-making
through one or more sources, including regional education service
centers, for school board trustees, superintendents, principals,
teachers, parents, and other members of school committees.
(b) The agency shall conduct an annual statewide survey of
the types of district- and campus-level decision-making and
planning structures that exist, the extent of involvement of
various stakeholders in district- and campus-level planning and
decision-making, and the perceptions of those persons of the
quality and effectiveness of decisions related to their impact on
student performance.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.255. DROPOUT PREVENTION REVIEW. (a) Each
district-level planning and decision-making committee and each
campus-level planning and decision-making committee for a junior,
middle, or high school campus shall analyze information related to
dropout prevention, including:
(1) the results of the audit of dropout records
required by Section 39.055;
(2) campus information related to graduation rates,
dropout rates, high school equivalency certificate rates, and the
percentage of students who remain in high school more than four
years after entering grade level 9;
(3) the number of students who enter a high school
equivalency certificate program and:
(A) do not complete the program;
(B) complete the program but do not take the high
school equivalency examination; or
(C) complete the program and take the high school
equivalency examination but do not obtain a high school equivalency
certificate;
(4) for students enrolled in grade levels 9 and 10,
information related to academic credit hours earned, retention
rates, and placements in alternative education programs and
expulsions under Chapter 37; and
(5) the results of an evaluation of each school-based
dropout prevention program in the district.
(b) Each district-level planning and decision-making
committee and each campus-level planning and decision-making
committee shall use the information reviewed under this section in
developing district or campus improvement plans under this
subchapter.

Added by Acts 2003, 78th Leg., ch. 1201, § 1, eff. Sept. 1, 2003.
SUBCHAPTER G. LAW APPLICABLE TO CERTAIN SCHOOL DISTRICTS AND COUNTY SYSTEMS

§ 11.301. APPLICATION OF FORMER LAW. (a) A school
district or county system operating under former Chapter 17, 18,
22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate under
the applicable chapter as that chapter existed on that date and
under state law generally applicable to school districts that does
not conflict with that chapter.
(b) A school district operating under former Chapter 22 may
incorporate and become an independent school district in the manner
provided by former Subchapter F, Chapter 19, as that subchapter
existed on May 1, 1995.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 304, § 2, eff. Sept. 1,
2003.

For text of former chapters 17, 18, 22, and 24 to 28 and subchapters
E and F of chapter 19 as they existed on May 1, 1995, see Appendix
following Title 2.

§ 11.302. PUBLIC INFORMATION. The governing body of a
school district or county system to which Section 11.301 applies
shall make available to the public for inspection and copying
during regular operating hours a copy of the provisions under which
the district or county system operates that are specific to that
type of district or county system.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.303. MUNICIPAL SCHOOL DISTRICTS. (a) Except as
otherwise provided by this section, a school district operating
under former Chapter 24 may continue to operate under that chapter
as it existed on May 1, 1995, and under state law generally
applicable to school districts that does not conflict with that
chapter.
(b) The governing body of the municipality may participate
in annual hearings or work sessions held by the board of trustees of
the municipal school district on the budget and ad valorem tax rate
for the coming year.
(c) The board of trustees of a municipal school district and
the governing body of the municipality shall jointly hold any
hearing required by law as a condition for the adoption of an annual
budget and imposition of an ad valorem tax.
(d) Neither an annual budget for a municipal school district
nor an ad valorem tax to be imposed for the district may be adopted
without the affirmative vote of:
(1) a majority of the members of the board of trustees
of the municipal school district present and voting; and
(2) at least three-quarters of the total of the voting
members of the board of trustees and the governing body of the
municipality that are present and voting.
(e) If a quorum of the members of the governing body of the
municipality is not present at a meeting required under Subsection
(c), the board of trustees may adopt a budget or an ad valorem tax
rate without regard to the requirements of Subsection (d).
(f) Notwithstanding former Section 24.06(c), as it existed
on May 1, 1995, the governing body of the municipality shall adopt
an ordinance providing for the levy and assessment of the tax
approved pursuant to Subsection (d) or (e).
(g) After adopting an ordinance levying a tax for the
municipal school district, the governing body of the municipality
shall provide a certified copy of the ordinance to the district's
board of trustees.
(h) This section may not be construed as authorizing the
governing body of a municipality to levy a tax for the support of
schools of a municipal school district without fully complying with
all applicable provisions of the Tax Code.

Added by Acts 2003, 78th Leg., ch. 304, § 1, eff. Sept. 1, 2003.
SUBCHAPTER H. SPECIAL-PURPOSE SCHOOL DISTRICTS

§ 11.351. AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL
DISTRICT. (a) On the recommendation of the commissioner and after
consulting with the school districts involved and obtaining the
approval of a majority of those districts in each affected county in
which a proposed school district is located, the State Board of
Education may establish a special-purpose school district for the
education of students in special situations whose educational needs
are not adequately met by regular school districts. The board may
impose duties or limitations on the school district as necessary
for the special purpose of the district. The board shall exercise
the powers as provided by this section relating to the districts
established under this section.
(b) The State Board of Education shall grant to the
districts the right to share in the available school fund
apportionment and other privileges as are granted to independent
and common school districts.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.352. GOVERNANCE OF SPECIAL-PURPOSE DISTRICT. (a)
The State Board of Education shall appoint for each district
established under Section 11.351 a board of three, five, or seven
trustees, as determined by the State Board of Education. A trustee
is not required to be a resident of the district.
(b) For each military reservation school district, the
State Board of Education may appoint a board of three or five
trustees. Enlisted military personnel and military officers may be
appointed to the school board. A majority of the trustees appointed
for the district must be civilians and all may be civilians. The
trustees shall be selected from a list of persons who are qualified
to serve as members of a school district board of trustees under
Section 11.061 and who live or are employed on the military
reservation. The list shall be furnished to the board by the
commanding officer of the military reservation. The trustees
appointed serve terms of two years.
(c) The State Board of Education may adopt rules for the
governance of a special-purpose district. In the absence of a rule
adopted under this subsection, the laws applicable to independent
school districts apply to a special-purpose district.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 982, § 3, eff. Sept. 1,
2001; Acts 2005, 79th Leg., ch. 676, § 1, eff. June 17, 2005.

§ 11.353. ADMISSION AND ATTENDANCE. A child is eligible
to attend school in a military reservation school district if the
child is eligible under Section 25.001 and is the child of an
officer, soldier, or civilian employee residing or employed on the
reservation. The board of trustees may transfer any child who
cannot be provided for by the district of the child's residence to
any school district maintaining adequate facilities and standards
for elementary, junior, or senior high schools, as applicable.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.354. ABOLITION OF SPECIAL-PURPOSE DISTRICT. On the
written request signed by a majority of the board of trustees of a
military reservation school district, the State Board of Education
may abolish the district. The State Board of Education shall give
written notice to the board of trustees requesting abolition. The
territory of the abolished district and property of the district
shall be disposed of as provided by Section 13.205.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.355. ANNEXATION OF ADDITIONAL TERRITORY BY CERTAIN
SPECIAL-PURPOSE DISTRICTS. (a) Any military reservation territory
that is subject to the same post or base command as a military
reservation used to house dependents of military and civilian
personnel and that wholly contains an independent school district,
whether or not the reservations are contiguous, may be annexed to
that reservation independent school district by the State Board of
Education on petition of that post or base commander.
(b) If a military reservation territory has been annexed to
an independent school district of the same post or base command
under Subsection (a) and the territory is no longer used to house
dependents of military and civilian personnel, the State Board of
Education, on petition of the post or base command, or on petition
of a majority of the trustees of the school district from which the
territory was originally detached, may detach the territory from
the military reservation constituting an independent school
district and annex it to the school district from which it was
originally detached.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

§ 11.356. SUPPORT OF STUDENTS ENROLLED IN SPECIAL-PURPOSE
SCHOOL DISTRICTS. The independent or common school district that
is responsible for providing education services to a student who is
enrolled in a special-purpose school district established under
Section 11.351 shall share the cost of the student's education in
the manner provided under Section 30.003 for students enrolled in
the Texas School for the Blind and Visually Impaired or the Texas
School for the Deaf unless the State Board of Education finds that
the student's education in a particular special-purpose school or
school district is not the responsibility of the independent or
common school district.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

OMNI: OMNI QUANTUM MERUIT

2006-06-25T04:28:00.001-07:00

OMNI: OMNI QUANTUM MERUIT

2006-06-25T04:28:00.000-07:00

OMNI: OMNI QUANTUM MERUIT

Hoblit told David McCall that “…if we (the McCalls) went forward, we were going to find out what it’s like to piss off a billionaire (Rowling).”

2006-06-03T07:10:00.000-07:00

In a bill of exception hearing during the trial of this case, which
testimony was not offered at trial, David McCall testified that he spoke by phone
with R. Clay Hoblit, Tana’s lead attorney, who yelled and screamed at him. (RR
Vol. 3, pp. 107-108). During the conversation, Hoblit told David McCall that “…
if we (the McCalls) went forward, we were going to find out what it’s like to piss
off a billionaire (Rowling).” (Emphasis added; RR Vol. 3, pp. 109-110). David
McCall also received a letter from R. Clay Hoblit stating, in relevant part, that “If
you choose to proceed with the lawsuit, we will obviously avail ourselves of all
legal remedies against you and your clients.” (Emphasis added; P. Ex. 4).
On November 2, 1995, the fax machine in McCalls’ office started running
and Tom McCall saw that Tana had filed a lawsuit in Nueces County, Texas. (RR
Vol. 3, p. 129, l. 1-25). After reading Tana’s allegations that the McCalls and
Niemeyers had breached their contract and lease with Tana, Tom McCall thought
Tana was trying to play a joke or intimidate the McCalls.

TRT Development- KC (Kings Crossing) & the Modification of JOB opportunities...

2006-05-23T21:28:00.000-07:00

NUMBER 13-98-254-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

___________________________________________________________________

TRT DEVELOPMENT COMPANY-KC,

SHORELINE OPERATING COMPANY,

AND WYNN CHAPMAN , Appellants,

v.

MARK MEYERS , Appellee.

___________________________________________________________________

On appeal from the 319th District Court

of Nueces County, Texas.

___________________________________________________________________

O P I N I O N

Before Justices Dorsey, Hinojosa, and Chavez

Opinion by Justice Dorsey

Appellants TRT Development Company-KC, Shoreline Operating Company, and Wynn Chapman appeal a judgment rendered on a jury verdict that they are liable to Mark Meyers for defamation. By four issues appellants challenge the legal and factual sufficiency of the evidence to support the verdict. Meyers raises four cross-issues for our consideration. We reverse and render.

Factual Background

On Sunday May 19, 1996 Valero Refining Company held its annual family day picnic and golf tournament at the Kings Crossing Golf and Country Club located in Corpus Christi. Mark Meyers, an employee of Valero, played in the tournament with a group of three other Valero employees. After the tournament Meyers went into the Kings Crossing pro shop and gave his score card to Chad Salerno and Mark McCarthy, both of whom worked in the pro shop. Meyers stayed in the pro shop to look at the merchandise, and Salerno went to the pool area. Salerno returned about twenty minutes later and saw that Meyers was still in the pro shop, standing behind a display rack. About five minutes later Salerno walked towards Meyers and noticed that he had bulges in the pockets of his shorts. When Meyers first entered the pro shop Salerno did not recall seeing anything in his pockets. As Salerno approached, Meyers turned, walked away, and left the pro shop. As Meyers was leaving Salerno heard hangers rattling where Meyers had been standing. After Salerno found some empty shirt hangers where Meyers had been standing he and McCarthy followed Meyers to his truck, which was parked in the parking lot. McCarthy testified that when he followed Meyers into the parking lot Meyers "had his hands kind of cupped around his shorts, holding them up, and they were bulging out." While Meyers was in his truck Salerno and McCarthy asked him if they could see what was in his pockets. Meyers ignored them and closed the door. He backed up without removing the sun screen from his windshield and drove away.

After Meyers' departure Salerno discovered his name by questioning the three persons who had played golf in the same group with Meyers that day. Shortly thereafter the pro shop employees reported Meyers' behavior to Wynn Chapman, the general manager of Kings Crossing. A short time later Chapman had a private meeting in his office with Robert Grimes. Grimes was at Kings Crossing for the event and worked as Valero's manager of employee relations and public affairs. Concerning this meeting Grimes testified that Chapman had told him that Valero

had one employee that was observed around the shirt rack for sometime; the employee left in a hurry; they observed two or three shirts were missing from the rack; they approached the employee out in the parking lot, and he drove off in a hurry without responding to their questions.

During trial Meyers' counsel asked Grimes, "Based on those statements that he made to you at that time, was your understanding that Mr. Chapman was telling you that there had been a theft by a Valero employee?" He replied, "Yes, basically." Grimes understood from Chapman that Meyers was the employee suspected of the theft.

The day after the incident Meyers told Grimes what had happened. Meyers admitted to being in the pro shop after the tournament, that he left the pro shop, and that one or two Kings Crossing employees approached him in the parking lot. Meyers said that an employee told him that he looked kind of fat. Meyers cussed at him and drove off. Meyers stated that he had brought "koozies" to the tournament and had stuffed them in his pockets, thus accounting for the bulges there. He denied taking anything from the pro shop.

Valero sent its security supervisor, Gwen Henzi, to Kings Crossing to investigate the theft allegations, and also conducted an in-house investigation. Henzi's investigation did not determine that Meyers had stolen anything from the pro shop. The in-house investigation showed that Meyers had been drinking alcoholic beverages during the tournament and that he was "kind of loud and rowdy" during the tournament. People who played golf on the course said that Meyers was intoxicated. For disciplinary reasons Valero suspended Meyers for ten days without pay. Valero also requested that he undergo substance-abuse evaluation. Grimes' testimony was that Meyers was not punished for being accused of a theft. In June 1997 Valero fired Meyers because he had filed a lawsuit(1) against Valero and because he had recorded telephone conversations with Valero employees.

Meyers sued TRT Development Company-KC,(2) Shoreline Operating Co.,(3) and Wynn Chapman (collectively appellants) for tortious interference with his employment contract with Valero and for defamation. Meyers claimed that Wynn Chapman and Chad Salerno had made defamatory statements about him. The case proceeded to jury trial and resulted in jury findings that only Chapman had made defamatory statements about Meyers, that Chapman's statements were not made with actual malice, and that appellants did not tortiously interfere with Meyers' contract. The jury awarded Meyers $54,239.50 in lost wages.

On February 18, 1998 the court signed the judgment awarding $54,239.50 to Meyers. Appellants appeal from this judgment.

Wynn Chapman's

Statements to Robert Grimes

By their second issue appellants assert that the evidence showed as a matter of law that Wynn Chapman's statements to Robert Grimes are qualifiedly privileged and therefore not actionable. In its answer to question one the jury found that Chapman's statements to Grimes in Chapman's office were defamatory.

Appellants filed a motion for judgment n.o.v., contending that they had established qualified privilege as a matter of law. The trial court denied the motion. A trial court should grant a motion for judgment n.o.v. when the evidence is conclusive and one party is entitled to judgment as a matter of law. City of Dallas v. GTE Southwest, Inc., 980 S.W.2d 928, 938 (Tex. App.--Fort Worth 1998, writ denied). See Mancorp, Inc. v. Culpepper, 802 S.W.2d 226, 227 (Tex. 1990).

Slander is a defamatory statement that is orally communicated to a third person without legal excuse. Randall's Food Markets, Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex. 1995); Hardwick v. Houston Lighting & Power Co., 881 S.W.2d 195, 197 (Tex. App.--Corpus Christi 1994, writ dism'd w.o.j.). Slanderous statements are conditionally or qualifiedly privileged and therefore not actionable when "made in good faith on any subject matter in which the author has an interest, or with reference to which he has a duty to perform to another person having a corresponding interest or duty." Rogers v. Cassidy, 946 S.W.2d 439, 447 (Tex. App.--Corpus Christi 1997, no writ); Associated Tel. Directory Publishers, Inc. v. Better Bus. Bureau of Austin, Inc., 710 S.W.2d 190, 192 (Tex. App.--Corpus Christi 1986, writ ref'd n.r.e.).

An interest giving rise to a qualified privilege may be that of the publisher of the communication, the recipient of the communication, or a third person. Pioneer Concrete of Texas, Inc. v. Allen, 858 S.W.2d 47, 50 (Tex. App--Houston [14th Dist.] 1993, writ denied); Kaplan v. Goodfreed, 497 S.W.2d 101, 105 (Tex. Civ. App.--Dallas 1973, no writ). Communications given voluntarily, as in this case, rather than in response to a request for information, are privileged "if the relationship between the parties is such that it is within generally accepted standards of decent conduct to furnish the information for the protection of the interest of the recipient." Allen, 858 S.W.2d at 50; Kaplan, 497 S.W.2d at 105-06.

The speaker abuses the privilege if he makes a statement with actual malice. Grant v. Stop-N-Go Market of Texas, Inc., 994 S.W.2d 867, 874 (Tex. App.--Houston [1st Dist.] 1999, no writ). Even a communication on a privileged occasion that would otherwise be slanderous per se is qualifiedly or conditionally privileged and not actionable, unless the defendant was actuated by malice. Wal-Mart Stores, Inc. v. Odem, 929 S.W.2d 513, 525 (Tex. App.--San Antonio 1996, writ denied). In the defamation context a speaker makes a statement with actual malice if he makes the statement with knowledge of its falsity or with reckless disregard about its truth. Randall's Food Markets, 891 S.W.2d at 646; Hagler v. Proctor & Gamble Mfg. Co., 884 S.W.2d 771, 772 (Tex. 1994) (per curiam). Reckless disregard is defined as a high degree of awareness of probable falsity, for proof of which the plaintiff must present sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts about the truth of his publication. Carr v. Brasher, 776 S.W.2d 567, 571 (Tex. 1989). The privilege is also abused if the person claiming it does not act for the purpose of protecting the common interest. Grant, 994 S.W.2d 874; Hardwick, 881 S.W.2d at 199.

Privilege is an affirmative defense, and the defendant has the burden of proving that the communication is privileged. Denton Publishing Co. v. Boyd, 460 S.W.2d 880, 881, 884 (Tex. 1970). When the facts are undisputed and the language used in the publication is not ambiguous the question of privilege is ordinarily one of law for the court. Denton Publishing Co., 460 S.W.2d at 884. See Dixon v. Southwestern Bell Tel. Co., 607 S.W.2d 240, 241 (Tex. 1980).

The evidence is undisputed that on May 19, 1996, Valero held its family day picnic and golf tournament at Kings Crossing. Valero had paid and contracted with Kings Crossing to use its facilities. Meyers was a Valero employee and played in the golf tournament. Chapman was Kings Crossing's general manager and was ultimately responsible for what happened in the pro shop. Shortly after the tournament Kings Crossing's employees reported to Chapman a suspected theft of golf shirts from the pro shop committed by Meyers. Chapman communicated the reported incident to Valero through Grimes. Chapman believed that the statements he made to Grimes were true.

Because Chapman was the general manager of Kings Crossing with ultimate responsibility for what happened in the pro shop, he had an interest in the subject matter of his communications to Grimes, that is, the report of a theft from the pro shop by a Valero employee. Grimes, as Valero's manager of human relations and public affairs, had a corresponding interest in knowing that a Valero employee was probably involved in a theft while participating in a company-sponsored event. Knowledge of these facts would allow Valero to investigate the theft, discipline Meyers if necessary, and pay(4)Kings Crossing for the missing shirts, so that Valero could promote and maintain its relationship with Kings Crossing. Grimes testified that "we were glad" that Chapman had informed Valero about the incident. Grimes also testified, "If something similar to . . . [this] incident happens when we're a guest at a facility like that, we want to know about it. . . ." Eugene Cotten, a vice-president for Valero, testified that "Valero is always concerned about the actions of our employees."

Appellants established that Chapman's statements to Grimes were qualifiedly privileged because the evidence conclusively showed that Chapman made the statements to Grimes on a subject in which they had a common interest. See Rogers, 946 S.W.2d at 447; Associated Tel. Directory Publishers, 710 S.W.2d at 190. Given the relationship between Kings Crossing and Valero, it was within generally accepted standards of decent conduct for Chapman to tell Grimes for the protection of Valero's interests. SeeAllen, 858 S.W.2d at 50; Kaplan, 497 S.W.2d at 105-06.

The jury found that Chapman did not act with malice when he made the statements to Grimes. The record is devoid of any evidence that Chapman knew the statements were false or that he made them with reckless disregard about their truth when he reported Meyer's actions to Grimes. The evidence showed as a matter of law that Chapman's statements were protected by qualified privilege that was not overcome by actual malice. Appellant's second issue is sustained.

As the resolution of this issue is dispositive of appellants' appeal we need not address their remaining issues. See Tex. R. App. P. 47.1.

The Cross Appeal

By his first issue Meyers asserts that the jury's failure to find that Chad Salerno's statements were defamatory is against the great weight and preponderance of the evidence. In its answer to question one the jury found that Salerno's statements to the "Valero employees" were not defamatory.

In reviewing a factual sufficiency point an appellate court must weigh all of the evidence in the record. Ortiz v. Jones, 947 S.W.2d 770, 772 (Tex. 1996) (per curiam); Burnett v. Motyka, 610 S.W.2d 735, 736 (Tex. 1980). Findings may be overturned only if they are so against the great weight and preponderance of the evidence that they are clearly wrong and unjust. Ortiz, 947 S.W.2d at 772; Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). In Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986) the court stated that the appellate court must also "clearly state why the jury's finding is factually insufficient or is so against the great weight and preponderance as to be manifestly unjust." Pool, 715 S.W.2d at 635.

The evidence showed that after Meyers left the Kings Crossing parking lot Salerno discovered his name by questioning the Valero employees who had played golf in the same group with Meyers that day. Salerno described Meyers' truck to the employees and asked who it belonged to. One of the persons in the group asked Salerno why he was asking this. Salerno testified that "I told him that . . . items on the hangers were missing where Mr. Meyers was standing, and that we needed to ask him some questions."

The charge instructed the jury on the defense of truth as follows: "You are instructed that truth is a complete defense to defamation. If the statements made are literally true, they are not slanderous or defamatory."

Truth is an affirmative and absolute defense to slander. Randall's Food Markets, 891 S.W.2d at 646; Town of S. Padre Island v. Jacobs, 736 S.W.2d 134, 140 (Tex. App.--Corpus Christi 1986, writ denied). In Randall's the court said that a "literally true" statement is a "complete defense" to slander. Randall's Food Markets, 891 S.W.2d at 646; Washington v. Naylor Indus. Servs., Inc., 893 S.W.2d 309, 311 (Tex. App.--Houston [1st Dist.] 1995, no writ). The implications of a true statement, however unfortunate, do not vitiate an affirmative defense of truth. Hardwick, 943 S.W.2d at 185. Because truth is an affirmative defense, the defendant has the burden of establishing that the defamatory statements were true. Knox v. Taylor, 992 S.W.2d 40, 54 (Tex. App.--Houston [14th Dist.] 1999, no writ); Town of S. Padre Island, 736 S.W.2d at 140.

The evidence was that when Meyers entered the pro shop, Salerno did not recall seeing anything in his pockets. Meyers remained in the pro shop for twenty to thirty minutes. Salerno saw him standing behind a display rack. When Salerno approached Meyers he went in the opposite direction and left the pro shop. Salerno saw bulges in the pockets of Meyers' shorts and found empty shirt hangers in the area where he was standing. This evidence establishes the literal truth of Salerno's statement to the Valero employees. We hold that the jury's answer was not so against the great weight and preponderance of the evidence that it was clearly wrong and unjust. We overrule the first cross issue.

By his fourth cross issue Meyers asserts that appellants tortiously interfered with his employment contract with Valero. In its answer to question six the jury found that Shoreline Operating Company and Wynn Chapman did not intentionally interfere with Meyers' employment contract with Valero.

The elements of tortious interference with a contract are: (1) the existence of a contract subject to interference; (2) willful and intentional interference; (3) interference that proximately caused damage; and (4) actual damage or loss. Powell Indus., Inc. v. Allen, 985 S.W.2d 455, 456 (Tex. 1998) (per curiam). See ACS Investors, Inc. v. McLaughlin, 943 S.W.2d 426, 430 (Tex. 1997). In the instant case the testimony was that Valero suspended Meyers for ten days without pay because he had consumed alcoholic beverages during the golf tournament and he was loud and rowdy on the golf course. Valero terminated Meyers in June 1997 because he had filed suit against Valero and because he had secretly tape recorded telephone conversations between himself and other Valero employees. Eugene Cotten was Meyers' supervisor at Valero. He testified that the possible theft of shirts from the pro shop was not a factor in Valero being upset with Meyers, and that the actions taken by Valero against Meyers were not due to the alleged theft of the shirts. The evidence does not establish that appellants' complaint about the missing shirts proximately caused any damages to Meyers. We hold that the jury's answer to question six was not so against the great weight and preponderance of the evidence that it was clearly wrong and unjust. We overrule the fourth cross-issue.

Due to our disposition of the above cross-issues we need not address Meyers' remaining cross-issues. See Tex. R. App. P. 47.1.

We REVERSE the judgment of the trial court and RENDER judgment that Mark Meyers take nothing by his suit against appellants.

______________________________

J. BONNER DORSEY,

Justice

Publish .

Tex. R. App. P. 47.3(b).

Opinion delivered and filed

this 23rd day of March, 2000.

1. Meyers settled his suit against Valero for $3,000.

2. TRT Development Company owned the Kings Crossing facilities when the incident happened in May, 1996.

3. Shoreline Operating Company managed the Kings Crossing facilities at the time.

4. Valero paid for the missing shirts.

2006-02-03T05:10:00.000-08:00

TRT DEVELPMENT AND THE NEW IDEA IN CORPUS CHRISTI