| 1 | 1 | | 87R2514 TSS-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 613 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the election of the commissioner of education. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 7.051, 7.052, and 7.053, Education |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | Sec. 7.051. ELECTION [SELECTION] OF [THE] COMMISSIONER. |
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| 12 | 12 | | The [governor, with the advice and consent of the senate, shall |
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| 13 | 13 | | appoint the] commissioner of education is elected by the qualified |
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| 14 | 14 | | voters at the general election for state and county officers. |
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| 15 | 15 | | Sec. 7.052. TERM OF OFFICE. The commissioner serves a term |
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| 16 | 16 | | of office of four years [commensurate with the term of the |
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| 17 | 17 | | governor]. |
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| 18 | 18 | | Sec. 7.053. VACANCY [REMOVAL FROM OFFICE]. The governor |
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| 19 | 19 | | shall fill a vacancy in the office of [, with the advice and consent |
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| 20 | 20 | | of the senate, may remove] the commissioner by appointment until |
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| 21 | 21 | | the next general election for state and county officers [from |
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| 22 | 22 | | office as provided by Section 9, Article XV, Texas Constitution]. |
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| 23 | 23 | | SECTION 2. Section 52.092(c), Election Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | (c) Statewide offices of the state government shall be |
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| 26 | 26 | | listed in the following order: |
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| 27 | 27 | | (1) governor; |
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| 28 | 28 | | (2) lieutenant governor; |
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| 29 | 29 | | (3) attorney general; |
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| 30 | 30 | | (4) comptroller of public accounts; |
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| 31 | 31 | | (5) commissioner of the General Land Office; |
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| 32 | 32 | | (6) commissioner of agriculture; |
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| 33 | 33 | | (7) commissioner of education; |
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| 34 | 34 | | (8) railroad commissioner; |
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| 35 | 35 | | (9) [(8)] chief justice, supreme court; |
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| 36 | 36 | | (10) [(9)] justice, supreme court; |
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| 37 | 37 | | (11) [(10)] presiding judge, court of criminal |
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| 38 | 38 | | appeals; |
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| 39 | 39 | | (12) [(11)] judge, court of criminal appeals. |
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| 40 | 40 | | SECTION 3. Section 665.051, Government Code, is amended to |
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| 41 | 41 | | read as follows: |
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| 42 | 42 | | Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL. Only the |
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| 43 | 43 | | following individuals are subject to removal from office by address |
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| 44 | 44 | | under this subchapter: |
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| 45 | 45 | | (1) a justice of the supreme court; |
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| 46 | 46 | | (2) a judge of the court of criminal appeals; |
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| 47 | 47 | | (3) a justice of a court of appeals; |
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| 48 | 48 | | (4) a judge of a district court; |
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| 49 | 49 | | (5) a judge of a criminal district court; |
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| 50 | 50 | | (6) the commissioner of agriculture; |
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| 51 | 51 | | (7) the commissioner of insurance; [and] |
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| 52 | 52 | | (8) the commissioner of education; and |
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| 53 | 53 | | (9) the banking commissioner. |
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| 54 | 54 | | SECTION 4. Section 504.401(d), Transportation Code, is |
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| 55 | 55 | | amended to read as follows: |
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| 56 | 56 | | (d) In this section, "state official" means: |
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| 57 | 57 | | (1) a member of the legislature; |
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| 58 | 58 | | (2) the governor; |
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| 59 | 59 | | (3) the lieutenant governor; |
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| 60 | 60 | | (4) a justice of the supreme court; |
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| 61 | 61 | | (5) a judge of the court of criminal appeals; |
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| 62 | 62 | | (6) the attorney general; |
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| 63 | 63 | | (7) the commissioner of the General Land Office; |
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| 64 | 64 | | (8) the comptroller; |
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| 65 | 65 | | (9) a member of the Railroad Commission of Texas; |
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| 66 | 66 | | (10) the commissioner of agriculture; |
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| 67 | 67 | | (11) the secretary of state; [or] |
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| 68 | 68 | | (12) the commissioner of education; or |
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| 69 | 69 | | (13) a member of the State Board of Education. |
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| 70 | 70 | | SECTION 5. Section 7.054, Education Code, is repealed. |
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| 71 | 71 | | SECTION 6. (a) The first general election for commissioner |
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| 72 | 72 | | of education shall be held November 8, 2022, for a four-year term |
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| 73 | 73 | | beginning on January 1, 2023. |
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| 74 | 74 | | (b) Until the first commissioner of education elected under |
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| 75 | 75 | | this Act takes office, the commissioner serving on the effective |
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| 76 | 76 | | date of this Act shall, unless otherwise removed as provided by law, |
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| 77 | 77 | | continue in office under the prior law that governed the office, and |
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| 78 | 78 | | that prior law is continued in effect for that purpose. If on |
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| 79 | 79 | | January 1, 2023, there is a vacancy in the office of commissioner of |
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| 80 | 80 | | education created under this Act because the first |
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| 81 | 81 | | commissioner-elect has died or refuses or is permanently unable to |
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| 82 | 82 | | serve, the commissioner serving on that date shall, unless |
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| 83 | 83 | | otherwise removed as provided by law, continue in office under the |
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| 84 | 84 | | prior law that governed the office until the governor fills the |
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| 85 | 85 | | vacancy by appointment in the manner provided by law. The prior law |
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| 86 | 86 | | that governed the office of the commissioner of education is |
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| 87 | 87 | | continued in effect for that purpose. |
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| 88 | 88 | | SECTION 7. This Act takes effect September 1, 2022, except |
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| 89 | 89 | | that Section 665.051, Government Code, and Section 504.401(d), |
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| 90 | 90 | | Transportation Code, as amended by this Act, take effect January 1, |
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| 91 | 91 | | 2023. |
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