83R794 KKA-D
By: Rodriguez S.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to the recall of members of school district boards of
trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
Sec. 11.401. DEFINITION. In this subchapter, "recall
election" means an election conducted under this subchapter to
recall a member of a school district board of trustees.
Sec. 11.402. ORDERING ELECTION. Except as otherwise
provided by this subchapter, the board of trustees of a school
district shall order a recall election for a trustee if the board is
presented with a petition that:
(1) meets the requirements of Section 11.403; and
(2) is certified as valid under Section 11.404.
Sec. 11.403. PETITION. (a) A petition for a recall
election must have a statement substantially as follows preceding
the space reserved for signatures on each page: "This petition is to
require that an election be held in (name of school district) on the
recall of trustee (name of trustee)."
(b) A petition may not name more than one trustee.
(c) To be considered valid under Section 11.404, a petition
must be signed by a number of registered voters residing in the
school district equal to or greater than 10 percent of the number of
votes cast in the most recent general election for trustees in the
district.
(d) Each person signing a petition must enter beside the
person's signature the date the voter signs the petition. A
signature may not be counted if the date of signature is earlier
than:
(1) the 180th day after the date the trustee's current
term began; or
(2) the 90th day before the date the petition is
submitted to the board of trustees.
(e) Each person signing a petition must provide the person's
current voter registration number, printed name, and residential
address, including zip code.
Sec. 11.404. VERIFICATION OF PETITION. (a) Not later than
the fifth day after the date a petition for a recall election is
received in the office of the board of trustees, the board shall
submit the petition to the secretary of the board for verification.
If the petition is to require a recall election for the trustee who
serves as secretary, the board shall appoint an acting secretary to
perform the secretary's duties under this section.
(b) The secretary shall determine whether the petition is
signed by the required number of registered voters in the school
district as provided by Section 11.403(c). Not later than the 30th
day after the date the petition is submitted, the secretary shall
certify in writing to the board of trustees whether the petition is
valid or invalid. If the secretary determines the petition is
invalid, the secretary shall state each reason for that
determination.
Sec. 11.405. DATE OF ELECTION; ORDER. (a) If the secretary
certifies that a petition is valid, the board of trustees shall, not
later than the 30th day after the date of certification, order that
an election be held in the school district on the first Saturday
after the 62nd day following the date the board orders the election.
Section 41.001(a), Election Code, does not apply to an election
ordered under this subchapter.
(b) If the term of the trustee to whom the petition relates
expires before the 75th day after the date the secretary certifies
the petition is valid, the board may not order the election.
(c) The board shall state in the order the issue to be voted
on at the election.
Sec. 11.406. BALLOT PROPOSITION. The ballot in a recall
election must be printed to provide for voting for or against the
proposition: "Recalling (name of school district) trustee (name of
trustee)."
Sec. 11.407. RESULTS OF ELECTION; VACANCY. If the majority
of the votes received in a recall election are for the recall of the
trustee, the office held by the trustee becomes vacant effective
immediately on the canvassing of the votes. The vacancy is filled
as provided by Section 11.060.
Sec. 11.408. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
board of trustees may not order a recall election for a trustee who
has been the subject of a previous recall election during the
trustee's current term.
SECTION 2. This Act takes effect January 1, 2014, but only
if the constitutional amendment proposed by the 83rd Legislature,
Regular Session, 2013, authorizing elections for the recall of
independent school district trustees, is approved by the voters.
If that amendment is not approved by the voters, this Act has no
effect.