| 1 | 1 | | 88R13716 MLH-F |
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| 2 | 2 | | By: Middleton S.B. No. 2501 |
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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 process for filling a vacancy on the board of |
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| 8 | 8 | | trustees of an independent school district. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.060, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (c), and (d) and adding Subsections (e) |
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| 12 | 12 | | and (f) to read as follows: |
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| 13 | 13 | | (a) If a vacancy occurs on the board of trustees of an |
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| 14 | 14 | | independent school district, the remaining trustees may not fill |
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| 15 | 15 | | the vacancy by appointment [until the next trustee election]. The |
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| 16 | 16 | | board shall fill the vacancy at the district's next general |
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| 17 | 17 | | election or as provided by Subsection (c). |
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| 18 | 18 | | (c) Instead of filling a vacancy [by appointment] under |
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| 19 | 19 | | Subsection (a) or (b), the board or municipal governing body may |
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| 20 | 20 | | hold [order] a special election to fill the vacancy. A special |
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| 21 | 21 | | election is conducted in the same manner as the district's general |
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| 22 | 22 | | election except as provided by the Election Code. |
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| 23 | 23 | | (d) A [If more than one year remains in the term of the |
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| 24 | 24 | | position vacated, the] vacancy shall be filled under this section |
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| 25 | 25 | | not later than the last [180th] day of the 18th month after the date |
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| 26 | 26 | | the vacancy occurs. |
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| 27 | 27 | | (e) A person who owns property subject to ad valorem |
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| 28 | 28 | | taxation by the school district may bring an action against the |
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| 29 | 29 | | board of trustees of an independent school district to enjoin a |
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| 30 | 30 | | violation of this section. If the person prevails in the action, |
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| 31 | 31 | | the person may recover damages, reasonable attorney's fees, and |
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| 32 | 32 | | court costs. A person may not be required to complete an |
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| 33 | 33 | | administrative grievance process before bringing suit under this |
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| 34 | 34 | | subsection. |
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| 35 | 35 | | (f) Governmental immunity from suit is waived and abolished |
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| 36 | 36 | | to the extent of liability created by this section. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2023. |
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