Texas 2025 - 89th Regular

Texas House Bill HB1197 Compare Versions

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1	1	By: Curry H.B. No. 1197
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to a requirement that an election for a member of a board
9	9	of trustees of an independent school district is partisan.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.055, Education Code, is amended by
12	12	adding Subsection (c) to read as follows:
13	13	(c) An application filed under this section must state the
14	14	political party with which the candidate is aligned or, if the
15	15	candidate is not aligned with a party, state that fact.
16	16	SECTION 2. Section 11.0581(a), Education Code, is amended
17	17	to read as follows:
18	18	(a) An election for trustees of an independent school
19	19	district shall be held on the same date as the general election for
20	20	state and county officers[:
21	21	[(1) the election for the members of the governing
22	22	body of a municipality located in the school district;
23	23	[(2) the general election for state and county
24	24	officers;
25	25	[(3) the election for the members of the governing
26	26	body of a hospital district, if the school district:
27	27	[(A) is wholly or partly located in a county with
28	28	a population of less than 50,000 that is adjacent to a county with a
29	29	population of more than three million; and
30	30	[(B) held its election for trustees jointly with
31	31	the election for the members of the governing body of the hospital
32	32	district before May 2007; or
33	33	[(4) the election for the members of the governing
34	34	board of a public junior college district in which the school
35	35	district is wholly or partly located].
36	36	SECTION 3. Sections 11.059(a), (b), (c), and (d), Education
37	37	Code, are amended to read as follows:
38	38	(a) A trustee of an independent school district serves a
39	39	term of [three or] four years.
40	40	(b) [Elections for trustees with three-year terms shall be
41	41	held annually. The terms of one-third of the trustees, or as near
42	42	to one-third as possible, expire each year.
43	43	[(c)] Elections for trustees [with four-year terms] shall
44	44	be held biennially. The terms of one-half of the trustees, or as
45	45	near to one-half as possible, expire every two years.
46	46	(c) [(d)] A board policy must state the schedule on which
47	47	specific terms expire.
48	48	SECTION 4. Section 11.065(a), Education Code, is amended to
49	49	read as follows:
50	50	(a) Sections 11.052(g) and (h) [and Sections 11.059(a) and
51	51	(b)] do not apply to the board of trustees of a school district if:
52	52	(1) the district's central administrative office is
53	53	located in a county with a population of more than 2.5 million; and
54	54	(2) the district's student enrollment is more than
55	55	125,000 and less than 200,000.
56	56	SECTION 5. Section 41.0052(a-1), Election Code, as added by
57	57	Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular
58	58	Session, 2023, is amended to read as follows:
59	59	(a-1) Notwithstanding Subsection (a), a municipality [,
60	60	independent school district,] or hospital district wholly or partly
61	61	located in a county with a population of more than 19,900 and less
62	62	than 20,000 that holds its general election for officers on a date
63	63	other than the November uniform election date may change the date on
64	64	which it holds its general election for officers to the November
65	65	uniform election date.
66	66	SECTION 6. Section 41.0052, Election Code, is amended by
67	67	adding Subsection (a-2) to read as follows:
68	68	(a-2) The governing body of an independent school district
69	69	that holds its general election for officers on a date other than
70	70	the date of the general election for state and county officers
71	71	shall, not later than December 31, 2025, change the date on which
72	72	the governing body holds its general election for officers to that
73	73	date. This subsection expires January 1, 2029.
74	74	SECTION 7. Section 144.001, Election Code, is amended to
75	75	read as follows:
76	76	Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as
77	77	provided by Subsection (b), this [This] chapter applies to a
78	78	candidate for an office of a political subdivision other than a city
79	79	or county.
80	80	(b) This chapter does not apply to a candidate for a member
81	81	of the board of trustees of an independent school district.
82	82	SECTION 8. Section 172.001, Election Code, is amended to
83	83	read as follows:
84	84	Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.
85	85	Except as otherwise provided by this code, a political party's
86	86	nominees in the general election for members of the board of
87	87	trustees of an independent school district, offices of state and
88	88	county government, and offices of the United States Congress must
89	89	be nominated by primary election, held as provided by this code, if
90	90	the party's nominee for governor in the most recent gubernatorial
91	91	general election received 20 percent or more of the total number of
92	92	votes received by all candidates for governor in the election.
93	93	SECTION 9. Section 172.002(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) Except as otherwise provided by this code, a political
96	96	party's nominees in the general election for members of the board of
97	97	trustees of an independent school district, offices of state and
98	98	county government, and offices of the United States Congress may be
99	99	nominated by primary election, held as provided by this code, if the
100	100	party's nominee for governor in the most recent gubernatorial
101	101	general election received at least two percent but less than 20
102	102	percent of the total number of votes received by all candidates for
103	103	governor in the election.
104	104	SECTION 10. Section 172.024(a), Election Code, is amended
105	105	to read as follows:
106	106	(a) The filing fee for a candidate for nomination in the
107	107	general primary election is as follows:
108	108	(1) United States senator $5,000
109	109	(2) office elected statewide, except United States
110	110	senator 3,750
111	111	(3) United States representative 3,125
112	112	(4) state senator 1,250
113	113	(5) state representative 750
114	114	(6) member, State Board of Education 300
115	115	(7) chief justice or justice, court of appeals, other
116	116	than a justice specified by Subdivision (8) 1,875
117	117	(8) chief justice or justice of a court of appeals that
118	118	serves a court of appeals district in which a county with a
119	119	population of more than 1.2 million is wholly or partly situated
120	120	2,500
121	121	(9) district judge or judge specified by Section
122	122	52.092(d) for which this schedule does not otherwise prescribe a
123	123	fee 1,500
124	124	(10) district or criminal district judge of a court in
125	125	a judicial district wholly contained in a county with a population
126	126	of more than 1.5 million 2,500
127	127	(11) judge, statutory county court, other than a judge
128	128	specified by Subdivision (12) 1,500
129	129	(12) judge of a statutory county court in a county with
130	130	a population of more than 1.5 million 2,500
131	131	(13) district attorney, criminal district attorney,
132	132	or county attorney performing the duties of a district attorney
133	133	1,250
134	134	(14) county commissioner, district clerk, county
135	135	clerk, sheriff, county tax assessor-collector, county treasurer,
136	136	or judge, constitutional county court:
137	137	(A) county with a population of 200,000 or more
138	138	1,250
139	139	(B) county with a population of under 200,000
140	140	750
141	141	(15) justice of the peace or constable:
142	142	(A) county with a population of 200,000 or more
143	143	1,000
144	144	(B) county with a population of under 200,000
145	145	375
146	146	(16) county surveyor 75
147	147	(17) member of the board of trustees of an independent
148	148	school district 75
149	149	(18) office of the county government for which this
150	150	schedule does not otherwise prescribe a fee 750
151	151	SECTION 11. Section 172.025, Election Code, is amended to
152	152	read as follows:
153	153	Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
154	154	minimum number of signatures that must appear on the petition
155	155	authorized by Section 172.021(b) is:
156	156	(1) 5,000, for a statewide office; or
157	157	(2) for a district, county, independent school
158	158	district, or precinct office, the lesser of:
159	159	(A) 500; or
160	160	(B) two percent of the total vote received in the
161	161	district, county, school district, or precinct, as applicable, by
162	162	all the candidates for governor in the most recent gubernatorial
163	163	general election, unless that number is under 50, in which case the
164	164	required number of signatures is the lesser of:
165	165	(i) 50; or
166	166	(ii) 20 percent of that total vote.
167	167	SECTION 12. Section 181.002, Election Code, is amended to
168	168	read as follows:
169	169	Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A
170	170	political party may make nominations for the general election for
171	171	state and county officers and members of the board of trustees of an
172	172	independent school district by convention, as provided by this
173	173	chapter, if the party is authorized by Section 172.002 to make
174	174	nominations by primary election.
175	175	SECTION 13. Section 181.003, Election Code, is amended to
176	176	read as follows:
177	177	Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A
178	178	political party must make nominations for the general election for
179	179	state and county officers and members of the board of trustees of an
180	180	independent school district by convention, as provided by this
181	181	chapter, if the party is not required or authorized to nominate by
182	182	primary election.
183	183	SECTION 14. Section 181.0311(a), Election Code, is amended
184	184	to read as follows:
185	185	(a) In addition to any other requirements, to be considered
186	186	for nomination by convention, a candidate must:
187	187	(1) pay a filing fee to the secretary of state for a
188	188	statewide, [or] district, or school district office or the county
189	189	judge for a county or precinct office; or
190	190	(2) submit to the secretary of state for a statewide,
191	191	[or] district, or school district office or the county judge for a
192	192	county or precinct office a petition in lieu of a filing fee that
193	193	satisfies the requirements prescribed by Subsection (e) and Section
194	194	141.062.
195	195	SECTION 15. Section 181.032(a), Election Code, is amended
196	196	to read as follows:
197	197	(a) An application for nomination by a convention must be
198	198	filed with:
199	199	(1) the state chair, for a statewide, [or] district,
200	200	or school district office; or
201	201	(2) the county chair, for a county or precinct office.
202	202	SECTION 16. Sections 181.061(b) and (c), Election Code, are
203	203	amended to read as follows:
204	204	(b) A party nominating by convention must make its
205	205	nominations for offices of districts and school districts situated
206	206	in more than one county at district conventions held on the second
207	207	Saturday after the second Tuesday in March. A district convention
208	208	consists of delegates selected at the county conventions held under
209	209	Subsection (c).
210	210	(c) A party nominating by convention must make its
211	211	nominations for county and precinct offices and for offices of
212	212	districts and school districts not situated in more than one county
213	213	at county conventions held on the first Saturday after the second
214	214	Tuesday in March. A county convention consists of delegates
215	215	selected at precinct conventions held on the second Tuesday in
216	216	March in the regular county election precincts.
217	217	SECTION 17. The following provisions are repealed:
218	218	(1) Section 11.054, Education Code;
219	219	(2) Sections 11.059(e), (f), and (g), Education Code;
220	220	(3) Section 11.065(c), Education Code; and
221	221	(4) Section 41.0052(a-1), Election Code, as added by
222	222	Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular
223	223	Session, 2023.
224	224	SECTION 18. The change in law made by this Act applies only
225	225	to an election ordered on or after the effective date of this Act.
226	226	An election ordered before the effective date of this Act is
227	227	governed by the law in effect when the election was ordered, and the
228	228	former law is continued in effect for that purpose.
229	229	SECTION 19. To the extent of any conflict, this Act prevails
230	230	over another Act of the 89th Legislature, Regular Session, 2025,
231	231	relating to nonsubstantive additions to and corrections in enacted
232	232	codes.
233	233	SECTION 20. This Act takes effect September 1, 2025.