Texas 2025 - 89th Regular

Texas House Bill HB4262 Compare Versions

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

Old	New	Differences
1	1	89R15280 AMF-D
2	2	By: Perez of El Paso H.B. No. 4262
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the recall of members of school district boards of
10	10	trustees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 11, Education Code, is amended by adding
13	13	Subchapter I to read as follows:
14	14	SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
15	15	Sec. 11.401. DEFINITION. In this subchapter, "recall
16	16	election" means an election conducted under this subchapter to
17	17	recall a member of a school district board of trustees.
18	18	Sec. 11.402. GROUNDS FOR RECALL. (a) A member of a school
19	19	district board of trustees may be recalled from office for:
20	20	(1) an act of malfeasance or misconduct while in
21	21	office;
22	22	(2) a violation of the trustee's oath of office;
23	23	(3) failure to perform duties prescribed by law;
24	24	(4) wilful misuse, conversion, or misappropriation,
25	25	without authority, of public property or public funds entrusted to
26	26	or associated with the office of trustee; or
27	27	(5) missing three or more consecutive meetings of the
28	28	board.
29	29	(b) A member of a school district board of trustees may not
30	30	be recalled on the basis of the trustee's discretionary performance
31	31	of a lawful act or prescribed duty.
32	32	Sec. 11.403. ORDERING ELECTION. Except as otherwise
33	33	provided by this subchapter, the board of trustees of a school
34	34	district shall order a recall election for a trustee if the board is
35	35	presented with a petition that:
36	36	(1) meets the requirements of Section 11.404; and
37	37	(2) is certified as valid under Section 11.407.
38	38	Sec. 11.404. PETITION. (a) A petition for a recall
39	39	election must have, preceding the space reserved for signatures on
40	40	each page:
41	41	(1) a statement substantially as follows: "This
42	42	petition is to require that an election be held in (name of school
43	43	district) on the recall of trustee (name of trustee)."; and
44	44	(2) a brief description of the grounds under Section
45	45	11.402 on which the petition is based.
46	46	(b) A petition may not name more than one trustee.
47	47	(c) To be considered valid under Section 11.407, a petition
48	48	must be signed by a number of registered voters residing in the
49	49	school district equal to or greater than 20 percent of the number of
50	50	votes cast in the most recent general election for trustees in the
51	51	district.
52	52	(d) Each person signing a petition must enter beside the
53	53	person's signature the date the person signs the petition. A
54	54	signature may not be counted if the date of signature is earlier
55	55	than:
56	56	(1) the 180th day after the date the trustee's current
57	57	term began; or
58	58	(2) the 90th day before the date the petition is
59	59	submitted to the board of trustees.
60	60	(e) Each person signing a petition must provide the person's
61	61	current voter registration number, printed name, and residential
62	62	address, including zip code.
63	63	Sec. 11.405. ACTION ON PETITION. (a) Not later than the
64	64	fifth day after the date a petition for a recall election is
65	65	received in the office of the board of trustees, the board shall
66	66	submit the petition to the secretary of the board. If the petition
67	67	is to require a recall election for the trustee who serves as
68	68	secretary, the board shall appoint an acting secretary to perform
69	69	the secretary's duties under this subchapter.
70	70	(b) Not later than the fifth day after the date the petition
71	71	is submitted to the secretary, the secretary shall:
72	72	(1) begin the process of determining whether the
73	73	petition is signed by the required number of registered voters in
74	74	the school district as provided by Section 11.404(c); and
75	75	(2) file an application with a district court in the
76	76	county in which the school district is primarily located requesting
77	77	a hearing and determination under Section 11.406.
78	78	(c) The board of trustees or secretary of the board is not
79	79	required to take action in accordance with this section if the
80	80	trustee named in the petition resigns the office of trustee.
81	81	Sec. 11.406. COURT HEARING REGARDING GROUNDS FOR RECALL.
82	82	(a) A district court that receives an application under Section
83	83	11.405(b)(2) shall conduct a hearing to determine if sufficient
84	84	facts exist to support the allegations regarding the grounds under
85	85	Section 11.402 on which the petition is based.
86	86	(b) The court must conduct the hearing not later than the
87	87	10th day after the date the court receives the application.
88	88	(c) The court shall give notice of the hearing to the
89	89	trustee named in the petition and other interested parties.
90	90	(d) After conducting the hearing, the court shall determine
91	91	if sufficient facts exist to support the allegations regarding the
92	92	grounds under Section 11.402 on which the petition is based and
93	93	inform the secretary of the board of trustees of the court's
94	94	determination. If the court does not find that sufficient facts
95	95	exist, the recall process terminates and no further action may be
96	96	taken as a result of the petition.
97	97	(e) The district court is not required to conduct a hearing
98	98	and make the determination required by this section if the trustee
99	99	named in the petition resigns the office of trustee, and the court
100	100	may cancel a hearing scheduled to begin after the date of
101	101	resignation or discontinue a hearing in progress on the date of
102	102	resignation, as applicable.
103	103	Sec. 11.407. CERTIFICATION OF PETITION VALIDITY OR
104	104	INVALIDITY. If the court determines under Section 11.406 that
105	105	sufficient facts exist and the recall process may proceed, the
106	106	secretary of the board of trustees, not later than the 15th day
107	107	after the date the secretary receives notice of the court's
108	108	determination, shall certify in writing to the board of trustees
109	109	whether the petition is valid or invalid, based on the secretary's
110	110	review of the signatures on the petition. If the secretary
111	111	determines the petition is invalid, the secretary shall state each
112	112	reason for that determination.
113	113	Sec. 11.408. DATE OF ELECTION; ORDER. (a) If the secretary
114	114	certifies that a petition is valid, the board of trustees shall, not
115	115	later than the 30th day after the date of certification, order that
116	116	an election be held in the school district on the first Saturday
117	117	after the 62nd day following the date the board orders the election.
118	118	Section 41.001(a), Election Code, does not apply to an election
119	119	ordered under this subchapter.
120	120	(b) If the term of the trustee named in the petition expires
121	121	before the first anniversary of the date the secretary certifies
122	122	the petition is valid, the board may not order the election.
123	123	(c) The board shall state in the order the issue to be voted
124	124	on at the election.
125	125	(d) The board of trustees is not required under Subsection
126	126	(a) to order an election if the trustee named in the petition
127	127	resigns the office of trustee. If the trustee resigns after the
128	128	board orders the election but before the election is held, the board
129	129	may cancel the election.
130	130	Sec. 11.409. BALLOT PROPOSITION. The ballot in a recall
131	131	election must be printed to provide for voting for or against the
132	132	proposition: "Recalling (name of school district) trustee (name of
133	133	trustee)."
134	134	Sec. 11.410. RESULTS OF ELECTION; VACANCY. (a) If the
135	135	majority of votes received in a recall election are for the recall
136	136	of the trustee, the office held by the trustee becomes vacant
137	137	immediately on the canvassing of the votes. The vacancy shall be
138	138	filled as provided by Section 11.060, except as provided by
139	139	Subsection (c).
140	140	(b) Notwithstanding Subsection (a), a trustee recalled
141	141	under this subchapter continues to serve in accordance with Section
142	142	17, Article XVI, Texas Constitution, until the trustee's successor
143	143	qualifies for the office of trustee.
144	144	(c) If a majority of the members of the board of trustees are
145	145	recalled in a single recall election under this subchapter, the
146	146	board of trustees shall, not later than the 30th day after the date
147	147	on which the vacancies on the board occur as a result of the recall
148	148	election, order a special election to be held on a date specified in
149	149	the order to fill the vacancies. If the board fails to comply with
150	150	this subsection, the county judge of the county in which the school
151	151	district is primarily located shall order the special election.
152	152	The expenses of the special election shall be paid by the district,
153	153	regardless of whether the election is ordered by the board or the
154	154	county judge.
155	155	Sec. 11.411. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
156	156	board of trustees may not order a recall election for a trustee who
157	157	has been the subject of a previous recall election during the
158	158	trustee's current term.
159	159	SECTION 2. This Act takes effect January 1, 2026, but only
160	160	if the constitutional amendment proposed by the 89th Legislature,
161	161	Regular Session, 2025, authorizing elections for the recall of a
162	162	member of the board of trustees of an independent school district is
163	163	approved by the voters. If that amendment is not approved by the
164	164	voters, this Act has no effect.