Texas 2023 - 88th 3rd C.S.

Texas House Bill HB143 Compare Versions

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Version 2 (New)

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1	1	By: Toth H.B. No. 143
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a requirement that an election for a member of a board
7	7	of trustees of an independent school district is partisan.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 11.055, Education Code, is amended by
10	10	adding Subsection (c) to read as follows:
11	11	(c) An application filed under this section must state the
12	12	political party with which the candidate is aligned or, if the
13	13	candidate is not aligned with a party, state that fact.
14	14	SECTION 2. Section 11.0581(a), Education Code, is amended
15	15	to read as follows:
16	16	(a) An election for trustees of an independent school
17	17	district shall be held on the same date as the general election for
18	18	state and county officers[:
19	19	[(1) the election for the members of the governing
20	20	body of a municipality located in the school district;
21	21	[(2) the general election for state and county
22	22	officers;
23	23	[(3) the election for the members of the governing
24	24	body of a hospital district, if the school district:
25	25	[(A) is wholly or partly located in a county with
26	26	a population of less than 40,000 that is adjacent to a county with a
27	27	population of more than three million; and
28	28	[(B) held its election for trustees jointly with
29	29	the election for the members of the governing body of the hospital
30	30	district before May 2007; or
31	31	[(4) the election for the members of the governing
32	32	board of a public junior college district in which the school
33	33	district is wholly or partly located].
34	34	SECTION 3. Section 11.059, Education Code, is amended to
35	35	read as follows:
36	36	Sec. 11.059. TERMS. (a) A trustee of an independent school
37	37	district serves a term of [three or] four years.
38	38	(b) [Elections for trustees with three-year terms shall be
39	39	held annually. The terms of one-third of the trustees, or as near
40	40	to one-third as possible, expire each year.
41	41	[(c)] Elections for trustees [with four-year terms] shall
42	42	be held biennially. The terms of one-half of the trustees, or as
43	43	near to one-half as possible, expire every two years.
44	44	(c) [(d)] A board policy must state the schedule on which
45	45	specific terms expire.
46	46	SECTION 4. Section 11.065(a), Education Code, is amended to
47	47	read as follows:
48	48	(a) Sections 11.052(g) and (h) [and Sections 11.059(a) and
49	49	(b)] do not apply to the board of trustees of a school district if:
50	50	(1) the district's central administrative office is
51	51	located in a county with a population of more than two million; and
52	52	(2) the district's student enrollment is more than
53	53	125,000 and less than 200,000.
54	54	SECTION 5. Section 41.0052, Election Code, is amended by
55	55	adding Subsection (a-2) to read as follows:
56	56	(a-2) The governing body of an independent school district
57	57	that holds its general election for officers on a date other than
58	58	the date of the general election for state and county officers
59	59	shall, not later than December 31, 2023, change the date on which
60	60	the governing body holds its general election for officers to that
61	61	date. This subsection expires January 1, 2027.
62	62	SECTION 6. Section 144.001, Election Code, is amended to
63	63	read as follows:
64	64	Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as
65	65	provided by Subsection (b), this [This] chapter applies to a
66	66	candidate for an office of a political subdivision other than a city
67	67	or county.
68	68	(b) This chapter does not apply to a candidate for a member
69	69	of the board of trustees of an independent school district.
70	70	SECTION 7. Section 172.001, Election Code, is amended to
71	71	read as follows:
72	72	Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.
73	73	Except as otherwise provided by this code, a political party's
74	74	nominees in the general election for members of the board of
75	75	trustees of an independent school district, offices of state and
76	76	county government, and offices of the United States Congress must
77	77	be nominated by primary election, held as provided by this code, if
78	78	the party's nominee for governor in the most recent gubernatorial
79	79	general election received 20 percent or more of the total number of
80	80	votes received by all candidates for governor in the election.
81	81	SECTION 8. Section 172.002(a), Election Code, is amended to
82	82	read as follows:
83	83	(a) Except as otherwise provided by this code, a political
84	84	party's nominees in the general election for members of the board of
85	85	trustees of an independent school district, offices of state and
86	86	county government, and offices of the United States Congress may be
87	87	nominated by primary election, held as provided by this code, if the
88	88	party's nominee for governor in the most recent gubernatorial
89	89	general election received at least two percent but less than 20
90	90	percent of the total number of votes received by all candidates for
91	91	governor in the election.
92	92	SECTION 9. Section 172.024(a), Election Code, is amended to
93	93	read as follows:
94	94	(a) The filing fee for a candidate for nomination in the
95	95	general primary election is as follows:
96	96	(1) United States senator $5,000
97	97	(2) office elected statewide, except United States
98	98	senator 3,750
99	99	(3) United States representative 3,125
100	100	(4) state senator 1,250
101	101	(5) state representative 750
102	102	(6) member, State Board of Education 300
103	103	(7) chief justice or justice, court of appeals, other
104	104	than a justice specified by Subdivision (8) 1,875
105	105	(8) chief justice or justice of a court of appeals that
106	106	serves a court of appeals district in which a county with a
107	107	population of more than one million is wholly or partly
108	108	situated 2,500
109	109	(9) district judge or judge specified by Section
110	110	52.092(d) for which this schedule does not otherwise prescribe a
111	111	fee 1,500
112	112	(10) district or criminal district judge of a court in
113	113	a judicial district wholly contained in a county with a population
114	114	of more than 1.5 million 2,500
115	115	(11) judge, statutory county court, other than a judge
116	116	specified by Subdivision (12) 1,500
117	117	(12) judge of a statutory county court in a county with
118	118	a population of more than 1.5 million 2,500
119	119	(13) district attorney, criminal district attorney,
120	120	or county attorney performing the duties of a district
121	121	attorney 1,250
122	122	(14) county commissioner, district clerk, county
123	123	clerk, sheriff, county tax assessor-collector, county treasurer,
124	124	or judge, constitutional county court:
125	125	(A) county with a population of 200,000 or
126	126	more 1,250
127	127	(B) county with a population of under
128	128	200,000 750
129	129	(15) justice of the peace or constable:
130	130	(A) county with a population of 200,000 or
131	131	more 1,000
132	132	(B) county with a population of under
133	133	200,000 375
134	134	(16) county surveyor 75
135	135	(17) member of the board of trustees of an independent
136	136	school district 75
137	137	(18) office of the county government for which this
138	138	schedule does not otherwise prescribe a fee 750
139	139	SECTION 10. Section 172.025, Election Code, is amended to
140	140	read as follows:
141	141	Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
142	142	minimum number of signatures that must appear on the petition
143	143	authorized by Section 172.021(b) is:
144	144	(1) 5,000, for a statewide office; or
145	145	(2) for a district, county, independent school
146	146	district, or precinct office, the lesser of:
147	147	(A) 500; or
148	148	(B) two percent of the total vote received in the
149	149	district, county, school district, or precinct, as applicable, by
150	150	all the candidates for governor in the most recent gubernatorial
151	151	general election, unless that number is under 50, in which case the
152	152	required number of signatures is the lesser of:
153	153	(i) 50; or
154	154	(ii) 20 percent of that total vote.
155	155	SECTION 11. Section 181.002, Election Code, is amended to
156	156	read as follows:
157	157	Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A
158	158	political party may make nominations for the general election for
159	159	state and county officers and members of the board of trustees of an
160	160	independent school district by convention, as provided by this
161	161	chapter, if the party is authorized by Section 172.002 to make
162	162	nominations by primary election.
163	163	SECTION 12. Section 181.003, Election Code, is amended to
164	164	read as follows:
165	165	Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A
166	166	political party must make nominations for the general election for
167	167	state and county officers and members of the board of trustees of an
168	168	independent school district by convention, as provided by this
169	169	chapter, if the party is not required or authorized to nominate by
170	170	primary election.
171	171	SECTION 13. Section 181.0311(a), Election Code, is amended
172	172	to read as follows:
173	173	(a) In addition to any other requirements, to be considered
174	174	for nomination by convention, a candidate must:
175	175	(1) pay a filing fee to the secretary of state for a
176	176	statewide, [or] district, or school district office or the county
177	177	judge for a county or precinct office; or
178	178	(2) submit to the secretary of state for a statewide,
179	179	[or] district, or school district office or the county judge for a
180	180	county or precinct office a petition in lieu of a filing fee that
181	181	satisfies the requirements prescribed by Subsection (e) and Section
182	182	141.062.
183	183	SECTION 14. Section 181.032(a), Election Code, is amended
184	184	to read as follows:
185	185	(a) An application for nomination by a convention must be
186	186	filed with:
187	187	(1) the state chair, for a statewide, [or] district,
188	188	or school district office; or
189	189	(2) the county chair, for a county or precinct office.
190	190	SECTION 15. Sections 181.061(b) and (c), Election Code, are
191	191	amended to read as follows:
192	192	(b) A party nominating by convention must make its
193	193	nominations for offices of districts and school districts situated
194	194	in more than one county at district conventions held on the second
195	195	Saturday after the second Tuesday in March. A district convention
196	196	consists of delegates selected at the county conventions held under
197	197	Subsection (c).
198	198	(c) A party nominating by convention must make its
199	199	nominations for county and precinct offices and for offices of
200	200	districts and school districts not situated in more than one county
201	201	at county conventions held on the first Saturday after the second
202	202	Tuesday in March. A county convention consists of delegates
203	203	selected at precinct conventions held on the second Tuesday in
204	204	March in the regular county election precincts.
205	205	SECTION 16. Sections 11.054 and 11.065(c), Education Code,
206	206	are repealed.
207	207	SECTION 17. The change in law made by this Act applies only
208	208	to an election ordered on or after the effective date of this Act.
209	209	An election ordered before the effective date of this Act is
210	210	governed by the law in effect when the election was ordered, and the
211	211	former law is continued in effect for that purpose.
212	212	SECTION 18. This Act takes effect immediately if it
213	213	receives a vote of two-thirds of all the members elected to each
214	214	house, as provided by Section 39, Article III, Texas Constitution.
215	215	If this Act does not receive the vote necessary for immediate
216	216	effect, this Act takes effect on the 91st day after the last day of
217	217	legislative session.