89R588 TSS-F
By: Harrison H.B. No. 4551
A BILL TO BE ENTITLED
AN ACT
relating to the process for filling a vacancy on the board of
trustees of an independent school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.060, Education Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (e)
and (f) to read as follows:
(a) If a vacancy occurs on the board of trustees of an
independent school district, the remaining trustees may not fill
the vacancy by appointment [until the next trustee election]. The
board shall fill the vacancy at the district's next general
election or as provided by Subsection (c).
(c) Instead of filling a vacancy [by appointment] under
Subsection (a) or (b), the board or municipal governing body may
hold [order] a special election to fill the vacancy. A special
election is conducted in the same manner as the district's general
election except as provided by the Election Code.
(d) A [If more than one year remains in the term of the
position vacated, the] vacancy shall be filled under this section
not later than the last [180th] day of the 18th month after the date
the vacancy occurs.
(e) A person who owns property subject to ad valorem
taxation by the school district may bring an action against the
board of trustees of an independent school district to enjoin a
violation of this section. If the person prevails in the action,
the person may recover damages, reasonable attorney's fees, and
court costs. A person may not be required to complete an
administrative grievance process before bringing suit under this
subsection.
(f) Governmental immunity from suit is waived and abolished
to the extent of liability created by this section.
SECTION 2. This Act takes effect September 1, 2025.