Texas 2023 - 88th Regular

Texas House Bill HB221 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R201 TSS-D
2	2	By: Toth H.B. No. 221
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a requirement that an election for a member of a board
8	8	of trustees of an independent school district is partisan.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.055, Education Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) An application filed under this section must state the
13	13	political party with which the candidate is aligned or, if the
14	14	candidate is not aligned with a party, state that fact.
15	15	SECTION 2. Section 11.0581(a), Education Code, is amended
16	16	to read as follows:
17	17	(a) An election for trustees of an independent school
18	18	district shall be held on the same date as the general election for
19	19	state and county officers[:
20	20	[(1) the election for the members of the governing
21	21	body of a municipality located in the school district;
22	22	[(2) the general election for state and county
23	23	officers;
24	24	[(3) the election for the members of the governing
25	25	body of a hospital district, if the school district:
26	26	[(A) is wholly or partly located in a county with
27	27	a population of less than 40,000 that is adjacent to a county with a
28	28	population of more than three million; and
29	29	[(B) held its election for trustees jointly with
30	30	the election for the members of the governing body of the hospital
31	31	district before May 2007; or
32	32	[(4) the election for the members of the governing
33	33	board of a public junior college district in which the school
34	34	district is wholly or partly located].
35	35	SECTION 3. Section 11.059, Education Code, is amended to
36	36	read as follows:
37	37	Sec. 11.059. TERMS. (a) A trustee of an independent
38	38	school district serves a term of [three or] four years.
39	39	(b) [Elections for trustees with three-year terms shall be
40	40	held annually. The terms of one-third of the trustees, or as near
41	41	to one-third as possible, expire each year.
42	42	[(c)] Elections for trustees [with four-year terms] shall
43	43	be held biennially. The terms of one-half of the trustees, or as
44	44	near to one-half as possible, expire every two years.
45	45	(c) [(d)] A board policy must state the schedule on which
46	46	specific terms expire.
47	47	SECTION 4. Section 11.065(a), Education Code, is amended to
48	48	read as follows:
49	49	(a) Sections 11.052(g) and (h) [and Sections 11.059(a) and
50	50	(b)] do not apply to the board of trustees of a school district if:
51	51	(1) the district's central administrative office is
52	52	located in a county with a population of more than two million; and
53	53	(2) the district's student enrollment is more than
54	54	125,000 and less than 200,000.
55	55	SECTION 5. Section 41.0052, Election Code, is amended by
56	56	adding Subsection (a-2) to read as follows:
57	57	(a-2) The governing body of an independent school district
58	58	that holds its general election for officers on a date other than
59	59	the date of the general election for state and county officers
60	60	shall, not later than December 31, 2023, change the date on which
61	61	the governing body holds its general election for officers to that
62	62	date. This subsection expires January 1, 2027.
63	63	SECTION 6. Section 144.001, Election Code, is amended to
64	64	read as follows:
65	65	Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as
66	66	provided by Subsection (b), this [This] chapter applies to a
67	67	candidate for an office of a political subdivision other than a city
68	68	or county.
69	69	(b) This chapter does not apply to a candidate for a member
70	70	of the board of trustees of an independent school district.
71	71	SECTION 7. Section 172.001, Election Code, is amended to
72	72	read as follows:
73	73	Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.
74	74	Except as otherwise provided by this code, a political party's
75	75	nominees in the general election for members of the board of
76	76	trustees of an independent school district, offices of state and
77	77	county government, and offices of the United States Congress must
78	78	be nominated by primary election, held as provided by this code, if
79	79	the party's nominee for governor in the most recent gubernatorial
80	80	general election received 20 percent or more of the total number of
81	81	votes received by all candidates for governor in the election.
82	82	SECTION 8. Section 172.002(a), Election Code, is amended to
83	83	read as follows:
84	84	(a) Except as otherwise provided by this code, a political
85	85	party's nominees in the general election for members of the board of
86	86	trustees of an independent school district, offices of state and
87	87	county government, and offices of the United States Congress may be
88	88	nominated by primary election, held as provided by this code, if the
89	89	party's nominee for governor in the most recent gubernatorial
90	90	general election received at least two percent but less than 20
91	91	percent of the total number of votes received by all candidates for
92	92	governor in the election.
93	93	SECTION 9. Section 172.024(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) The filing fee for a candidate for nomination in the
96	96	general primary election is as follows:
97	97	(1) United States senator $5,000
98	98	(2) office elected statewide, except United States
99	99	senator 3,750
100	100	(3) United States representative 3,125
101	101	(4) state senator 1,250
102	102	(5) state representative 750
103	103	(6) member, State Board of Education 300
104	104	(7) chief justice or justice, court of appeals, other
105	105	than a justice specified by Subdivision (8) 1,875
106	106	(8) chief justice or justice of a court of appeals that
107	107	serves a court of appeals district in which a county with a
108	108	population of more than one million is wholly or partly situated
109	109	2,500
110	110	(9) district judge or judge specified by Section
111	111	52.092(d) for which this schedule does not otherwise prescribe a
112	112	fee 1,500
113	113	(10) district or criminal district judge of a court in
114	114	a judicial district wholly contained in a county with a population
115	115	of more than 1.5 million 2,500
116	116	(11) judge, statutory county court, other than a judge
117	117	specified by Subdivision (12) 1,500
118	118	(12) judge of a statutory county court in a county with
119	119	a population of more than 1.5 million 2,500
120	120	(13) district attorney, criminal district attorney,
121	121	or county attorney performing the duties of a district attorney
122	122	1,250
123	123	(14) county commissioner, district clerk, county
124	124	clerk, sheriff, county tax assessor-collector, county treasurer,
125	125	or judge, constitutional county court:
126	126	(A) county with a population of 200,000 or more
127	127	1,250
128	128	(B) county with a population of under 200,000
129	129	750
130	130	(15) justice of the peace or constable:
131	131	(A) county with a population of 200,000 or more
132	132	1,000
133	133	(B) county with a population of under 200,000
134	134	375
135	135	(16) county surveyor 75
136	136	(17) member of the board of trustees of an independent
137	137	school district 75
138	138	(18) office of the county government for which this
139	139	schedule does not otherwise prescribe a fee 750
140	140	SECTION 10. Section 172.025, Election Code, is amended to
141	141	read as follows:
142	142	Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
143	143	minimum number of signatures that must appear on the petition
144	144	authorized by Section 172.021(b) is:
145	145	(1) 5,000, for a statewide office; or
146	146	(2) for a district, county, independent school
147	147	district, or precinct office, the lesser of:
148	148	(A) 500; or
149	149	(B) two percent of the total vote received in the
150	150	district, county, school district, or precinct, as applicable, by
151	151	all the candidates for governor in the most recent gubernatorial
152	152	general election, unless that number is under 50, in which case the
153	153	required number of signatures is the lesser of:
154	154	(i) 50; or
155	155	(ii) 20 percent of that total vote.
156	156	SECTION 11. Section 181.002, Election Code, is amended to
157	157	read as follows:
158	158	Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A
159	159	political party may make nominations for the general election for
160	160	state and county officers and members of the board of trustees of an
161	161	independent school district by convention, as provided by this
162	162	chapter, if the party is authorized by Section 172.002 to make
163	163	nominations by primary election.
164	164	SECTION 12. Section 181.003, Election Code, is amended to
165	165	read as follows:
166	166	Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A
167	167	political party must make nominations for the general election for
168	168	state and county officers and members of the board of trustees of an
169	169	independent school district by convention, as provided by this
170	170	chapter, if the party is not required or authorized to nominate by
171	171	primary election.
172	172	SECTION 13. Section 181.0311(a), Election Code, is amended
173	173	to read as follows:
174	174	(a) In addition to any other requirements, to be considered
175	175	for nomination by convention, a candidate must:
176	176	(1) pay a filing fee to the secretary of state for a
177	177	statewide, [or] district, or school district office or the county
178	178	judge for a county or precinct office; or
179	179	(2) submit to the secretary of state for a statewide,
180	180	[or] district, or school district office or the county judge for a
181	181	county or precinct office a petition in lieu of a filing fee that
182	182	satisfies the requirements prescribed by Subsection (e) and Section
183	183	141.062.
184	184	SECTION 14. Section 181.032(a), Election Code, is amended
185	185	to read as follows:
186	186	(a) An application for nomination by a convention must be
187	187	filed with:
188	188	(1) the state chair, for a statewide, [or] district,
189	189	or school district office; or
190	190	(2) the county chair, for a county or precinct office.
191	191	SECTION 15. Sections 181.061(b) and (c), Election Code, are
192	192	amended to read as follows:
193	193	(b) A party nominating by convention must make its
194	194	nominations for offices of districts and school districts situated
195	195	in more than one county at district conventions held on the second
196	196	Saturday after the second Tuesday in March. A district convention
197	197	consists of delegates selected at the county conventions held under
198	198	Subsection (c).
199	199	(c) A party nominating by convention must make its
200	200	nominations for county and precinct offices and for offices of
201	201	districts and school districts not situated in more than one county
202	202	at county conventions held on the first Saturday after the second
203	203	Tuesday in March. A county convention consists of delegates
204	204	selected at precinct conventions held on the second Tuesday in
205	205	March in the regular county election precincts.
206	206	SECTION 16. Sections 11.054 and 11.065(c), Education Code,
207	207	are repealed.
208	208	SECTION 17. The change in law made by this Act applies only
209	209	to an election ordered on or after the effective date of this Act.
210	210	An election ordered before the effective date of this Act is
211	211	governed by the law in effect when the election was ordered, and the
212	212	former law is continued in effect for that purpose.
213	213	SECTION 18. This Act takes effect September 1, 2023.