Texas 2025 - 89th Regular

Texas House Bill HB4185 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14640 PRL-D
2	2	By: Schatzline H.B. No. 4185
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the election of the commissioner of education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 7.051, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 7.051. ELECTION [SELECTION] OF [THE] COMMISSIONER.
14	14	The [governor, with the advice and consent of the senate, shall
15	15	appoint the] commissioner of education is elected by the qualified
16	16	voters at the general election for state and county officers.
17	17	SECTION 2. Subchapter C, Chapter 7, Education Code, is
18	18	amended by adding Section 7.0511 to read as follows:
19	19	Sec. 7.0511. ELIGIBILITY. A person is not eligible for
20	20	election to the office of the commissioner of education if the Texas
21	21	Ethics Commission determines that the person has committed an act
22	22	in violation of campaign finance laws.
23	23	SECTION 3. Section 7.053, Education Code, is amended to
24	24	read as follows:
25	25	Sec. 7.053. VACANCY [REMOVAL FROM OFFICE]. The governor
26	26	shall fill a vacancy in the office of [, with the advice and consent
27	27	of the senate, may remove] the commissioner by appointment until
28	28	the next general election for state and county officers [from
29	29	office as provided by Section 9, Article XV, Texas Constitution].
30	30	SECTION 4. Section 52.092(c), Election Code, is amended to
31	31	read as follows:
32	32	(c) Statewide offices of the state government shall be
33	33	listed in the following order:
34	34	(1) governor;
35	35	(2) lieutenant governor;
36	36	(3) attorney general;
37	37	(4) comptroller of public accounts;
38	38	(5) commissioner of the General Land Office;
39	39	(6) commissioner of agriculture;
40	40	(7) commissioner of education;
41	41	(8) railroad commissioner;
42	42	(9) [(8)] chief justice, supreme court;
43	43	(10) [(9)] justice, supreme court;
44	44	(11) [(10)] presiding judge, court of criminal
45	45	appeals;
46	46	(12) [(11)] judge, court of criminal appeals.
47	47	SECTION 5. Section 665.051, Government Code, is amended to
48	48	read as follows:
49	49	Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL. Only the
50	50	following individuals are subject to removal from office by address
51	51	under this subchapter:
52	52	(1) a justice of the supreme court;
53	53	(2) a judge of the court of criminal appeals;
54	54	(3) a justice of a court of appeals;
55	55	(4) a judge of a district court;
56	56	(5) a judge of a criminal district court;
57	57	(6) the commissioner of agriculture;
58	58	(7) the commissioner of insurance; [and]
59	59	(8) the commissioner of education; and
60	60	(9) the banking commissioner.
61	61	SECTION 6. Section 665.052, Government Code, is amended by
62	62	adding Subsection (a-1) to read as follows:
63	63	(a-1) In addition to the causes for removal described by
64	64	Subsection (a), the commissioner of education may be removed from
65	65	office by address for misuse of public resources.
66	66	SECTION 7. Section 504.401(d), Transportation Code, is
67	67	amended to read as follows:
68	68	(d) In this section, "state official" means:
69	69	(1) a member of the legislature;
70	70	(2) the governor;
71	71	(3) the lieutenant governor;
72	72	(4) a justice of the supreme court;
73	73	(5) a judge of the court of criminal appeals;
74	74	(6) the attorney general;
75	75	(7) the commissioner of the General Land Office;
76	76	(8) the comptroller;
77	77	(9) a member of the Railroad Commission of Texas;
78	78	(10) the commissioner of agriculture;
79	79	(11) the secretary of state; [or]
80	80	(12) the commissioner of education; or
81	81	(13) a member of the State Board of Education.
82	82	SECTION 8. Section 7.054, Education Code, is repealed.
83	83	SECTION 9. (a) The first general election for commissioner
84	84	of education shall be held November 3, 2026.
85	85	(b) Until the first commissioner of education elected under
86	86	this Act takes office, the commissioner serving on the effective
87	87	date of this Act shall, unless otherwise removed as provided by law,
88	88	continue in office under the prior law that governed the office, and
89	89	that prior law is continued in effect for that purpose. If on the
90	90	date on which the first commissioner-elect is to take office there
91	91	is a vacancy in the office of commissioner of education created
92	92	under this Act because the first commissioner-elect has died or
93	93	refuses or is permanently unable to serve, the commissioner serving
94	94	immediately before that date shall, unless otherwise removed as
95	95	provided by law, continue in office under the prior law that
96	96	governed the office until the governor fills the vacancy by
97	97	appointment in the manner provided by law. The prior law that
98	98	governed the office of the commissioner of education is continued
99	99	in effect for that purpose.
100	100	SECTION 10. This Act takes effect September 1, 2026, except
101	101	that Section 665.051, Government Code, and Section 504.401(d),
102	102	Transportation Code, as amended by this Act, take effect January 1,
103	103	2027.