84R17825 KKA-D
By: Galindo H.B. No. 1327
Substitute the following for H.B. No. 1327:
By: Reynolds C.S.H.B. No. 1327
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 J to read as follows:
SUBCHAPTER J. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
Sec. 11.451. 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. 11.452. GROUNDS FOR RECALL. A member of a school
district board of trustees may be recalled from office if:
(1) the commissioner lowers the accreditation status
of the district under Section 39.051; and
(2) the member has held office for at least two years
at the time the accreditation status is lowered.
Sec. 11.453. 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 11.454; and
(2) is certified as valid under Section 11.455.
Sec. 11.454. PETITION. (a) A petition for a recall
election must have, preceding the space reserved for signatures on
each page, the following:
(1) a statement substantially as follows: "This
petition is to require that an election be held in (name of school
district) on the recall of trustee (name of trustee)."; and
(2) a brief explanation that the recall petition is
based on the lowering of the school district's accreditation status
by the commissioner.
(b) A petition may not name more than one trustee.
(c) To be considered valid under Section 11.455, 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. 11.455. ACTION ON 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. 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 subchapter.
(b) Not later than the 15th day after the date the petition
is submitted to the secretary, the secretary shall determine
whether the petition is signed by the required number of registered
voters in the school district as provided by Section 11.454(c). The
secretary shall certify in writing to the board of trustees whether
the petition is valid or invalid, based on the secretary's review of
the signatures on the petition. If the secretary determines the
petition is invalid, the secretary shall state each reason for that
determination.
(c) The board of trustees or secretary of the board is not
required to take action in accordance with this section if the
trustee named in the petition resigns the office of trustee.
Sec. 11.456. 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 named in the petition expires
before the first anniversary of 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.
(d) The board of trustees is not required under Subsection
(a) to order an election if the trustee named in the petition
resigns the office of trustee. If the trustee resigns after the
board orders the election but before the election is held, the board
may cancel the election.
Sec. 11.457. 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. 11.458. RESULTS OF ELECTION; VACANCY. (a) If the
majority of votes received in a recall election are for the recall
of the trustee, the office held by the trustee becomes vacant
immediately on the canvassing of the votes. The vacancy shall be
filled as provided by Section 11.060, except as provided by
Subsection (c).
(b) Notwithstanding Subsection (a), a trustee recalled
under this subchapter continues to serve in accordance with Section
17, Article XVI, Texas Constitution, until the trustee's successor
qualifies for the office of trustee.
(c) If a majority of the members of the board of trustees are
recalled in a single recall election under this subchapter, the
board of trustees shall, not later than the 30th day after the date
on which the vacancies on the board occur as a result of the recall
election, order a special election to be held on a date specified in
the order to fill the vacancies. If the board fails to comply with
this subsection, the county judge of the county in which the school
district is primarily located shall order the special election.
The expenses of the special election shall be paid by the district,
regardless of whether the election is ordered by the board or the
county judge.
Sec. 11.459. 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, 2016, but only
if the constitutional amendment proposed by H.J.R. 86, 84th
Legislature, Regular Session, 2015, is approved by the voters. If
that amendment is not approved by the voters, this Act has no
effect.