Texas 2013 - 83rd Regular

Texas House Bill HB179 Compare Versions

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1	1	83R23596 KKA-D
2	2	By: Marquez, N. Gonzalez of El Paso, Fallon, H.B. No. 179
3	3	Pickett
4	4	Substitute the following for H.B. No. 179:
5	5	By: Morrison C.S.H.B. No. 179
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the recall of members of school district boards of
11	11	trustees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 11, Education Code, is amended by adding
14	14	Subchapter I to read as follows:
15	15	SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
16	16	Sec. 11.401. DEFINITION. In this subchapter, "recall
17	17	election" means an election conducted under this subchapter to
18	18	recall a member of a school district board of trustees.
19	19	Sec. 11.402. GROUNDS FOR RECALL. (a) A member of a school
20	20	district board of trustees may be recalled from office for:
21	21	(1) an act of malfeasance or misconduct while in
22	22	office;
23	23	(2) a violation of the trustee's oath of office;
24	24	(3) failure to perform duties prescribed by law; or
25	25	(4) wilful misuse, conversion, or misappropriation,
26	26	without authority, of public property or public funds entrusted to
27	27	or associated with the office of trustee.
28	28	(b) A member of a school district board of trustees may not
29	29	be recalled on the basis of the trustee's discretionary performance
30	30	of a lawful act or prescribed duty.
31	31	Sec. 11.403. ORDERING ELECTION. Except as otherwise
32	32	provided by this subchapter, the board of trustees of a school
33	33	district shall order a recall election for a trustee if the board is
34	34	presented with a petition that:
35	35	(1) meets the requirements of Section 11.404; and
36	36	(2) is certified as valid under Section 11.407.
37	37	Sec. 11.404. PETITION. (a) A petition for a recall
38	38	election must have, preceding the space reserved for signatures on
39	39	each page, the following:
40	40	(1) a statement substantially as follows: "This
41	41	petition is to require that an election be held in (name of school
42	42	district) on the recall of trustee (name of trustee)."; and
43	43	(2) a brief description of the grounds under Section
44	44	11.402 on which the petition is based.
45	45	(b) A petition may not name more than one trustee.
46	46	(c) To be considered valid under Section 11.407, a petition
47	47	must be signed by a number of registered voters residing in the
48	48	school district equal to or greater than 20 percent of the number of
49	49	votes cast in the most recent general election for trustees in the
50	50	district.
51	51	(d) Each person signing a petition must enter beside the
52	52	person's signature the date the voter signs the petition. A
53	53	signature may not be counted if the date of signature is earlier
54	54	than:
55	55	(1) the 180th day after the date the trustee's current
56	56	term began; or
57	57	(2) the 90th day before the date the petition is
58	58	submitted to the board of trustees.
59	59	(e) Each person signing a petition must provide the person's
60	60	current voter registration number, printed name, and residential
61	61	address, including zip code.
62	62	Sec. 11.405. ACTION ON PETITION. (a) Not later than the
63	63	fifth day after the date a petition for a recall election is
64	64	received in the office of the board of trustees, the board shall
65	65	submit the petition to the secretary of the board. If the petition
66	66	is to require a recall election for the trustee who serves as
67	67	secretary, the board shall appoint an acting secretary to perform
68	68	the secretary's duties under this subchapter.
69	69	(b) Not later than the fifth day after the date the petition
70	70	is submitted to the secretary, the secretary shall:
71	71	(1) begin the process of determining whether the
72	72	petition is signed by the required number of registered voters in
73	73	the school district as provided by Section 11.404(c); and
74	74	(2) file an application with a district court in the
75	75	county in which the school district is primarily located requesting
76	76	a hearing and determination under Section 11.406.
77	77	(c) The board of trustees or secretary of the board is not
78	78	required to take action in accordance with this section if the
79	79	trustee named in the petition resigns the office of trustee.
80	80	Sec. 11.406. COURT HEARING REGARDING GROUNDS FOR RECALL.
81	81	(a) A district court that receives an application under Section
82	82	11.405(b)(2) shall conduct a hearing to determine if sufficient
83	83	facts exist to support the allegations regarding the grounds under
84	84	Section 11.402 on which the petition is based.
85	85	(b) The court must conduct the hearing not later than the
86	86	10th day after the date the court receives the application.
87	87	(c) The court shall give notice of the hearing to the
88	88	trustee named in the petition and other interested parties.
89	89	(d) After conducting the hearing, the court shall determine
90	90	if sufficient facts exist to support the allegations regarding the
91	91	grounds under Section 11.402 on which the petition is based and
92	92	inform the secretary of the board of trustees of the court's
93	93	determination. If the court does not find that sufficient facts
94	94	exist, the recall process terminates and no further action may be
95	95	taken as a result of the petition.
96	96	(e) The district court is not required to conduct a hearing
97	97	and make the determination required by this section if the trustee
98	98	named in the petition resigns the office of trustee, and the court
99	99	may cancel a hearing scheduled to begin after the date of
100	100	resignation or discontinue a hearing in progress on the date of
101	101	resignation, as applicable.
102	102	Sec. 11.407. CERTIFICATION OF PETITION VALIDITY OR
103	103	INVALIDITY. If the court determines under Section 11.406 that
104	104	sufficient facts exist and the recall process may proceed, the
105	105	secretary of the board of trustees, not later than the 15th day
106	106	after the date the secretary receives notice of the court's
107	107	determination, shall certify in writing to the board of trustees
108	108	whether the petition is valid or invalid, based on the secretary's
109	109	review of the signatures on the petition. If the secretary
110	110	determines the petition is invalid, the secretary shall state each
111	111	reason for that determination.
112	112	Sec. 11.408. DATE OF ELECTION; ORDER. (a) If the secretary
113	113	certifies that a petition is valid, the board of trustees shall, not
114	114	later than the 30th day after the date of certification, order that
115	115	an election be held in the school district on the first Saturday
116	116	after the 62nd day following the date the board orders the election.
117	117	Section 41.001(a), Election Code, does not apply to an election
118	118	ordered under this subchapter.
119	119	(b) If the term of the trustee named in the petition expires
120	120	before the first anniversary of the date the secretary certifies
121	121	the petition is valid, the board may not order the election.
122	122	(c) The board shall state in the order the issue to be voted
123	123	on at the election.
124	124	(d) The board of trustees is not required under Subsection
125	125	(a) to order an election if the trustee named in the petition
126	126	resigns the office of trustee. If the trustee resigns after the
127	127	board orders the election but before the election is held, the board
128	128	may cancel the election.
129	129	Sec. 11.409. BALLOT PROPOSITION. The ballot in a recall
130	130	election must be printed to provide for voting for or against the
131	131	proposition: "Recalling (name of school district) trustee (name of
132	132	trustee)."
133	133	Sec. 11.410. RESULTS OF ELECTION; VACANCY. (a) If the
134	134	majority of votes received in a recall election are for the recall
135	135	of the trustee, the office held by the trustee becomes vacant
136	136	immediately on the canvassing of the votes. The vacancy shall be
137	137	filled as provided by Section 11.060, except as provided by
138	138	Subsection (c).
139	139	(b) Notwithstanding Subsection (a), a trustee recalled
140	140	under this subchapter continues to serve in accordance with Section
141	141	17, Article XVI, Texas Constitution, until the trustee's successor
142	142	qualifies for the office of trustee.
143	143	(c) If a majority of the members of the board of trustees are
144	144	recalled in a single recall election under this subchapter, the
145	145	board of trustees shall, not later than the 30th day after the date
146	146	on which the vacancies on the board occur as a result of the recall
147	147	election, order a special election to be held on a date specified in
148	148	the order to fill the vacancies. If the board fails to comply with
149	149	this subsection, the county judge of the county in which the school
150	150	district is primarily located shall order the special election.
151	151	The expenses of the special election shall be paid by the district,
152	152	regardless of whether the election is ordered by the board or the
153	153	county judge.
154	154	Sec. 11.411. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
155	155	board of trustees may not order a recall election for a trustee who
156	156	has been the subject of a previous recall election during the
157	157	trustee's current term.
158	158	SECTION 2. This Act takes effect January 1, 2014, but only
159	159	if the constitutional amendment proposed by the 83rd Legislature,
160	160	Regular Session, 2013, authorizing elections for the recall of
161	161	independent school district trustees, is approved by the voters.
162	162	If that amendment is not approved by the voters, this Act has no
163	163	effect.