Texas 2025 - 89th Regular

Texas House Bill HB4262

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the recall of members of school district boards of trustees.

Impact

If enacted, the bill would amend the Texas Education Code to include provisions defining the process for initiating a recall election. This process requires a valid petition signed by at least 20% of the registered voters in the district based on the results of the most recent general election. Furthermore, it outlines procedures for the board of trustees to recognize and act upon such petitions, as well as the timelines for conducting hearings to validate the grounds for recall. The amendment would significantly empower school district residents to hold their elected trustees accountable, potentially altering the dynamics of local governance.

Summary

House Bill 4262 aims to establish a framework for the recall of members of school district boards of trustees in Texas. It introduces specific grounds for recall, which include acts of malfeasance, misconduct in office, violations of the trustee's oath, failure to perform statutory duties, and the willful misuse of public property or funds. The bill emphasizes that a trustee cannot be recalled just based on discretionary acts performed while discharging their official duties, thereby attempting to protect trustees from arbitrary or politically motivated recall attempts.

Contention

Notably, there are potential points of contention surrounding Bill HB4262. Critics may argue that the provisions for recall could lead to instability within school boards, especially in politically charged environments. The bill introduces possibilities for repeated recalls, with stipulations that restrict multiple recall attempts against a trustee during their current term, which some may view as an inadequate protection against misuse of the recall process. Proponents of the bill argue that it is a necessary measure to ensure public accountability, while opponents might express concerns about the implications for educational governance and trustee autonomy.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 11. School Districts
    • Section: New Section

Companion Bills

TX HJR181

Enabling for Proposing a constitutional amendment authorizing elections for the recall of a member of the board of trustees of an independent school district.

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