89R15280 AMF-D
By: Perez of El Paso H.B. No. 4262
A BILL TO BE ENTITLED
AN ACT
relating to the recall of members of school district boards of
trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES
Sec. 11.401. DEFINITION. In this subchapter, "recall
election" means an election conducted under this subchapter to
recall a member of a school district board of trustees.
Sec. 11.402. GROUNDS FOR RECALL. (a) A member of a school
district board of trustees may be recalled from office for:
(1) an act of malfeasance or misconduct while in
office;
(2) a violation of the trustee's oath of office;
(3) failure to perform duties prescribed by law;
(4) wilful misuse, conversion, or misappropriation,
without authority, of public property or public funds entrusted to
or associated with the office of trustee; or
(5) missing three or more consecutive meetings of the
board.
(b) A member of a school district board of trustees may not
be recalled on the basis of the trustee's discretionary performance
of a lawful act or prescribed duty.
Sec. 11.403. ORDERING ELECTION. Except as otherwise
provided by this subchapter, the board of trustees of a school
district shall order a recall election for a trustee if the board is
presented with a petition that:
(1) meets the requirements of Section 11.404; and
(2) is certified as valid under Section 11.407.
Sec. 11.404. PETITION. (a) A petition for a recall
election must have, preceding the space reserved for signatures on
each page:
(1) a statement substantially as follows: "This
petition is to require that an election be held in (name of school
district) on the recall of trustee (name of trustee)."; and
(2) a brief description of the grounds under Section
11.402 on which the petition is based.
(b) A petition may not name more than one trustee.
(c) To be considered valid under Section 11.407, a petition
must be signed by a number of registered voters residing in the
school district equal to or greater than 20 percent of the number of
votes cast in the most recent general election for trustees in the
district.
(d) Each person signing a petition must enter beside the
person's signature the date the person signs the petition. A
signature may not be counted if the date of signature is earlier
than:
(1) the 180th day after the date the trustee's current
term began; or
(2) the 90th day before the date the petition is
submitted to the board of trustees.
(e) Each person signing a petition must provide the person's
current voter registration number, printed name, and residential
address, including zip code.
Sec. 11.405. ACTION ON PETITION. (a) Not later than the
fifth day after the date a petition for a recall election is
received in the office of the board of trustees, the board shall
submit the petition to the secretary of the board. If the petition
is to require a recall election for the trustee who serves as
secretary, the board shall appoint an acting secretary to perform
the secretary's duties under this subchapter.
(b) Not later than the fifth day after the date the petition
is submitted to the secretary, the secretary shall:
(1) begin the process of determining whether the
petition is signed by the required number of registered voters in
the school district as provided by Section 11.404(c); and
(2) file an application with a district court in the
county in which the school district is primarily located requesting
a hearing and determination under Section 11.406.
(c) The board of trustees or secretary of the board is not
required to take action in accordance with this section if the
trustee named in the petition resigns the office of trustee.
Sec. 11.406. COURT HEARING REGARDING GROUNDS FOR RECALL.
(a) A district court that receives an application under Section
11.405(b)(2) shall conduct a hearing to determine if sufficient
facts exist to support the allegations regarding the grounds under
Section 11.402 on which the petition is based.
(b) The court must conduct the hearing not later than the
10th day after the date the court receives the application.
(c) The court shall give notice of the hearing to the
trustee named in the petition and other interested parties.
(d) After conducting the hearing, the court shall determine
if sufficient facts exist to support the allegations regarding the
grounds under Section 11.402 on which the petition is based and
inform the secretary of the board of trustees of the court's
determination. If the court does not find that sufficient facts
exist, the recall process terminates and no further action may be
taken as a result of the petition.
(e) The district court is not required to conduct a hearing
and make the determination required by this section if the trustee
named in the petition resigns the office of trustee, and the court
may cancel a hearing scheduled to begin after the date of
resignation or discontinue a hearing in progress on the date of
resignation, as applicable.
Sec. 11.407. CERTIFICATION OF PETITION VALIDITY OR
INVALIDITY. If the court determines under Section 11.406 that
sufficient facts exist and the recall process may proceed, the
secretary of the board of trustees, not later than the 15th day
after the date the secretary receives notice of the court's
determination, shall certify in writing to the board of trustees
whether the petition is valid or invalid, based on the secretary's
review of the signatures on the petition. If the secretary
determines the petition is invalid, the secretary shall state each
reason for that determination.
Sec. 11.408. DATE OF ELECTION; ORDER. (a) If the secretary
certifies that a petition is valid, the board of trustees shall, not
later than the 30th day after the date of certification, order that
an election be held in the school district on the first Saturday
after the 62nd day following the date the board orders the election.
Section 41.001(a), Election Code, does not apply to an election
ordered under this subchapter.
(b) If the term of the trustee named in the petition expires
before the first anniversary of the date the secretary certifies
the petition is valid, the board may not order the election.
(c) The board shall state in the order the issue to be voted
on at the election.
(d) The board of trustees is not required under Subsection
(a) to order an election if the trustee named in the petition
resigns the office of trustee. If the trustee resigns after the
board orders the election but before the election is held, the board
may cancel the election.
Sec. 11.409. BALLOT PROPOSITION. The ballot in a recall
election must be printed to provide for voting for or against the
proposition: "Recalling (name of school district) trustee (name of
trustee)."
Sec. 11.410. RESULTS OF ELECTION; VACANCY. (a) If the
majority of votes received in a recall election are for the recall
of the trustee, the office held by the trustee becomes vacant
immediately on the canvassing of the votes. The vacancy shall be
filled as provided by Section 11.060, except as provided by
Subsection (c).
(b) Notwithstanding Subsection (a), a trustee recalled
under this subchapter continues to serve in accordance with Section
17, Article XVI, Texas Constitution, until the trustee's successor
qualifies for the office of trustee.
(c) If a majority of the members of the board of trustees are
recalled in a single recall election under this subchapter, the
board of trustees shall, not later than the 30th day after the date
on which the vacancies on the board occur as a result of the recall
election, order a special election to be held on a date specified in
the order to fill the vacancies. If the board fails to comply with
this subsection, the county judge of the county in which the school
district is primarily located shall order the special election.
The expenses of the special election shall be paid by the district,
regardless of whether the election is ordered by the board or the
county judge.
Sec. 11.411. MULTIPLE RECALL ATTEMPTS PROHIBITED. The
board of trustees may not order a recall election for a trustee who
has been the subject of a previous recall election during the
trustee's current term.
SECTION 2. This Act takes effect January 1, 2026, but only
if the constitutional amendment proposed by the 89th Legislature,
Regular Session, 2025, authorizing elections for the recall of a
member of the board of trustees of an independent school district is
approved by the voters. If that amendment is not approved by the
voters, this Act has no effect.