87R22147 MWC-F
By: VanDeaver H.B. No. 3862
Substitute the following for H.B. No. 3862:
By: Dutton C.S.H.B. No. 3862
A BILL TO BE ENTITLED
AN ACT
relating to a recommendation for the removal of a member of the
board of trustees of a school district by other members of the
board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 11, Education Code, is
amended by adding Section 11.067 to read as follows:
Sec. 11.067. RECOMMENDATION FOR REMOVAL OF MEMBER FROM
BOARD OF TRUSTEES. (a) The board of trustees of a school district
may adopt by a three-fourths vote a resolution of censure against a
member of the board. A member may be censured based on a finding by
the board that the member:
(1) intentionally misused district funds;
(2) repeatedly refused to act in accordance with the
laws, regulations, or policies applicable to the district;
(3) intentionally disclosed confidential information
regarding a student;
(4) used the member's office in an attempt to influence
an employee of the district for the benefit of a student related to
the member;
(5) intentionally failed to complete any training
required by the State Board of Education or the commissioner;
(6) failed to recuse the member's self from a vote on
or deliberation of a matter in which the member has an identifiable
conflict of interest; or
(7) repeatedly engaged or attempted to engage in a
duty related to district personnel or students that the board has
expressly delegated to the district's superintendent.
(b) On the adoption of a resolution of censure under
Subsection (a), the board of trustees shall file a written petition
for removal of the board member in the district court of the county
in which the member resides in accordance with Section 87.015,
Local Government Code. The board member may be removed from office
under the procedure provided by Section 87.018, Local Government
Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.