Texas 2015 - 84th Regular

Texas House Bill HB1327 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R17825 KKA-D
2	2	By: Galindo H.B. No. 1327
3	3	Substitute the following for H.B. No. 1327:
4	4	By: Reynolds C.S.H.B. No. 1327
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the recall of members of school district boards of
10	10	trustees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 11, Education Code, is amended by adding
13	13	Subchapter J to read as follows:
14	14	SUBCHAPTER J. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
15	15	Sec. 11.451. DEFINITION. In this subchapter, "recall
16	16	election" means an election conducted under this subchapter to
17	17	recall a member of a school district board of trustees.
18	18	Sec. 11.452. GROUNDS FOR RECALL. A member of a school
19	19	district board of trustees may be recalled from office if:
20	20	(1) the commissioner lowers the accreditation status
21	21	of the district under Section 39.051; and
22	22	(2) the member has held office for at least two years
23	23	at the time the accreditation status is lowered.
24	24	Sec. 11.453. ORDERING ELECTION. Except as otherwise
25	25	provided by this subchapter, the board of trustees of a school
26	26	district shall order a recall election for a trustee if the board is
27	27	presented with a petition that:
28	28	(1) meets the requirements of Section 11.454; and
29	29	(2) is certified as valid under Section 11.455.
30	30	Sec. 11.454. PETITION. (a) A petition for a recall
31	31	election must have, preceding the space reserved for signatures on
32	32	each page, the following:
33	33	(1) a statement substantially as follows: "This
34	34	petition is to require that an election be held in (name of school
35	35	district) on the recall of trustee (name of trustee)."; and
36	36	(2) a brief explanation that the recall petition is
37	37	based on the lowering of the school district's accreditation status
38	38	by the commissioner.
39	39	(b) A petition may not name more than one trustee.
40	40	(c) To be considered valid under Section 11.455, a petition
41	41	must be signed by a number of registered voters residing in the
42	42	school district equal to or greater than 10 percent of the number of
43	43	votes cast in the most recent general election for trustees in the
44	44	district.
45	45	(d) Each person signing a petition must enter beside the
46	46	person's signature the date the voter signs the petition. A
47	47	signature may not be counted if the date of signature is earlier
48	48	than:
49	49	(1) the 180th day after the date the trustee's current
50	50	term began; or
51	51	(2) the 90th day before the date the petition is
52	52	submitted to the board of trustees.
53	53	(e) Each person signing a petition must provide the person's
54	54	current voter registration number, printed name, and residential
55	55	address, including zip code.
56	56	Sec. 11.455. ACTION ON PETITION. (a) Not later than the
57	57	fifth day after the date a petition for a recall election is
58	58	received in the office of the board of trustees, the board shall
59	59	submit the petition to the secretary of the board. If the petition
60	60	is to require a recall election for the trustee who serves as
61	61	secretary, the board shall appoint an acting secretary to perform
62	62	the secretary's duties under this subchapter.
63	63	(b) Not later than the 15th day after the date the petition
64	64	is submitted to the secretary, the secretary shall determine
65	65	whether the petition is signed by the required number of registered
66	66	voters in the school district as provided by Section 11.454(c). The
67	67	secretary shall certify in writing to the board of trustees whether
68	68	the petition is valid or invalid, based on the secretary's review of
69	69	the signatures on the petition. If the secretary determines the
70	70	petition is invalid, the secretary shall state each reason for that
71	71	determination.
72	72	(c) The board of trustees or secretary of the board is not
73	73	required to take action in accordance with this section if the
74	74	trustee named in the petition resigns the office of trustee.
75	75	Sec. 11.456. DATE OF ELECTION; ORDER. (a) If the secretary
76	76	certifies that a petition is valid, the board of trustees shall, not
77	77	later than the 30th day after the date of certification, order that
78	78	an election be held in the school district on the first Saturday
79	79	after the 62nd day following the date the board orders the election.
80	80	Section 41.001(a), Election Code, does not apply to an election
81	81	ordered under this subchapter.
82	82	(b) If the term of the trustee named in the petition expires
83	83	before the first anniversary of the date the secretary certifies
84	84	the petition is valid, the board may not order the election.
85	85	(c) The board shall state in the order the issue to be voted
86	86	on at the election.
87	87	(d) The board of trustees is not required under Subsection
88	88	(a) to order an election if the trustee named in the petition
89	89	resigns the office of trustee. If the trustee resigns after the
90	90	board orders the election but before the election is held, the board
91	91	may cancel the election.
92	92	Sec. 11.457. BALLOT PROPOSITION. The ballot in a recall
93	93	election must be printed to provide for voting for or against the
94	94	proposition: "Recalling (name of school district) trustee (name of
95	95	trustee)."
96	96	Sec. 11.458. RESULTS OF ELECTION; VACANCY. (a) If the
97	97	majority of votes received in a recall election are for the recall
98	98	of the trustee, the office held by the trustee becomes vacant
99	99	immediately on the canvassing of the votes. The vacancy shall be
100	100	filled as provided by Section 11.060, except as provided by
101	101	Subsection (c).
102	102	(b) Notwithstanding Subsection (a), a trustee recalled
103	103	under this subchapter continues to serve in accordance with Section
104	104	17, Article XVI, Texas Constitution, until the trustee's successor
105	105	qualifies for the office of trustee.
106	106	(c) If a majority of the members of the board of trustees are
107	107	recalled in a single recall election under this subchapter, the
108	108	board of trustees shall, not later than the 30th day after the date
109	109	on which the vacancies on the board occur as a result of the recall
110	110	election, order a special election to be held on a date specified in
111	111	the order to fill the vacancies. If the board fails to comply with
112	112	this subsection, the county judge of the county in which the school
113	113	district is primarily located shall order the special election.
114	114	The expenses of the special election shall be paid by the district,
115	115	regardless of whether the election is ordered by the board or the
116	116	county judge.
117	117	Sec. 11.459. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
118	118	board of trustees may not order a recall election for a trustee who
119	119	has been the subject of a previous recall election during the
120	120	trustee's current term.
121	121	SECTION 2. This Act takes effect January 1, 2016, but only
122	122	if the constitutional amendment proposed by H.J.R. 86, 84th
123	123	Legislature, Regular Session, 2015, is approved by the voters. If
124	124	that amendment is not approved by the voters, this Act has no
125	125	effect.