Texas 2013 83rd Regular

Texas Senate Bill SB122 Enrolled / Analysis

Filed 02/01/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 122         By: Rodrguez         Education         6/25/2013         Enrolled    

BILL ANALYSIS

 

 

Senate Research Center S.B. 122
 By: Rodrguez
 Education
 6/25/2013
 Enrolled

Senate Research Center

S.B. 122

 

By: Rodrguez

 

Education

 

6/25/2013

 

Enrolled

       AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Each independent school district (ISD) is overseen by a board of trustees comprised of five to seven elected members. The board of trustees oversees the management of the ISD and ensures that the superintendent implements appropriate policies to achieve desired educational results.    Current law allows district judges to remove several types of local elected officials from office, including a district attorney, county attorney, county judge, county commissioner, district clerk, sheriff, and county treasurer in the event the judge finds the official guilty of incompetence or misconduct.   Although school board trustee is not explicitly included in Section 87.012 (Officers Subject to Removal), Local Government Code, several courts have determined that ISD board of trustee members are considered county officers under Chapter 87 (Removal of County Officers from Office; Filling of Vacancies) of the Local Government Code.    S.B. 122 codifies these courts' decisions by adding ISD board of trustee members to the list of officials who can be removed from office by a district judge.   S.B. 122 amends current law relating to the removal from office of a member of the board of trustees of an independent school district.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Section 87.012, Local Government Code, as follows:   Sec. 87.012. OFFICERS SUBJECT TO REMOVAL. Authorizes a district judge to, under this subchapter (Removal by Petition and Trial), remove from office certain officers, including a member of the board of trustees of an independent school district.    SECTION 2. Effective date: upon passage or September 1, 2013.    

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Each independent school district (ISD) is overseen by a board of trustees comprised of five to seven elected members. The board of trustees oversees the management of the ISD and ensures that the superintendent implements appropriate policies to achieve desired educational results. 

 

Current law allows district judges to remove several types of local elected officials from office, including a district attorney, county attorney, county judge, county commissioner, district clerk, sheriff, and county treasurer in the event the judge finds the official guilty of incompetence or misconduct.

 

Although school board trustee is not explicitly included in Section 87.012 (Officers Subject to Removal), Local Government Code, several courts have determined that ISD board of trustee members are considered county officers under Chapter 87 (Removal of County Officers from Office; Filling of Vacancies) of the Local Government Code. 

 

S.B. 122 codifies these courts' decisions by adding ISD board of trustee members to the list of officials who can be removed from office by a district judge.

 

S.B. 122 amends current law relating to the removal from office of a member of the board of trustees of an independent school district.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 87.012, Local Government Code, as follows:

 

Sec. 87.012. OFFICERS SUBJECT TO REMOVAL. Authorizes a district judge to, under this subchapter (Removal by Petition and Trial), remove from office certain officers, including a member of the board of trustees of an independent school district. 

 

SECTION 2. Effective date: upon passage or September 1, 2013.