Texas 2025 - 89th Regular

Texas House Bill HB955 Compare Versions

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11 By: Toth H.B. No. 955
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to a requirement that an election for a member of a board
99 of trustees of an independent school district is partisan.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 11.055, Education Code, is amended by
1212 adding Subsection (c) to read as follows:
1313 (c) An application filed under this section must state the
1414 political party with which the candidate is aligned or, if the
1515 candidate is not aligned with a party, state that fact.
1616 SECTION 2. Section 11.0581(a), Education Code, is amended
1717 to read as follows:
1818 (a) An election for trustees of an independent school
1919 district shall be held on the same date as the general election for
2020 state and county officers[:
2121 [(1) the election for the members of the governing
2222 body of a municipality located in the school district;
2323 [(2) the general election for state and county
2424 officers;
2525 [(3) the election for the members of the governing
2626 body of a hospital district, if the school district:
2727 [(A) is wholly or partly located in a county with
2828 a population of less than 40,000 that is adjacent to a county with a
2929 population of more than three million; and
3030 [(B) held its election for trustees jointly with
3131 the election for the members of the governing body of the hospital
3232 district before May 2007; or
3333 [(4) the election for the members of the governing
3434 board of a public junior college district in which the school
3535 district is wholly or partly located].
3636 SECTION 3. Section 11.059, Education Code, is amended to
3737 read as follows:
3838 Sec. 11.059. TERMS. (a) A trustee of an independent
3939 school district serves a term of [three or] four years.
4040 (b) [Elections for trustees with three-year terms shall be
4141 held annually. The terms of one-third of the trustees, or as near
4242 to one-third as possible, expire each year.
4343 [(c)] Elections for trustees [with four-year terms] shall
4444 be held biennially. The terms of one-half of the trustees, or as
4545 near to one-half as possible, expire every two years.
4646 (c) [(d)] A board policy must state the schedule on which
4747 specific terms expire.
4848 SECTION 4. Section 11.065(a), Education Code, is amended to
4949 read as follows:
5050 (a) Sections 11.052(g) and (h) [and Sections 11.059(a) and
5151 (b)] do not apply to the board of trustees of a school district if:
5252 (1) the district's central administrative office is
5353 located in a county with a population of more than two million; and
5454 (2) the district's student enrollment is more than
5555 125,000 and less than 200,000.
5656 SECTION 5. Section 41.0052, Election Code, is amended by
5757 adding Subsection (a-2) to read as follows:
5858 (a-2) The governing body of an independent school district
5959 that holds its general election for officers on a date other than
6060 the date of the general election for state and county officers
6161 shall, not later than December 31, 2025, change the date on which
6262 the governing body holds its general election for officers to that
6363 date. This subsection expires January 1, 2029.
6464 SECTION 6. Section 144.001, Election Code, is amended to
6565 read as follows:
6666 Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as
6767 provided by Subsection (b), this [This] chapter applies to a
6868 candidate for an office of a political subdivision other than a city
6969 or county.
7070 (b) This chapter does not apply to a candidate for a member
7171 of the board of trustees of an independent school district.
7272 SECTION 7. Section 172.001, Election Code, is amended to
7373 read as follows:
7474 Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.
7575 Except as otherwise provided by this code, a political party's
7676 nominees in the general election for members of the board of
7777 trustees of an independent school district, offices of state and
7878 county government, and offices of the United States Congress must
7979 be nominated by primary election, held as provided by this code, if
8080 the party's nominee for governor in the most recent gubernatorial
8181 general election received 20 percent or more of the total number of
8282 votes received by all candidates for governor in the election.
8383 SECTION 8. Section 172.002(a), Election Code, is amended to
8484 read as follows:
8585 (a) Except as otherwise provided by this code, a political
8686 party's nominees in the general election for members of the board of
8787 trustees of an independent school district, offices of state and
8888 county government, and offices of the United States Congress may be
8989 nominated by primary election, held as provided by this code, if the
9090 party's nominee for governor in the most recent gubernatorial
9191 general election received at least two percent but less than 20
9292 percent of the total number of votes received by all candidates for
9393 governor in the election.
9494 SECTION 9. Section 172.024(a), Election Code, is amended to
9595 read as follows:
9696 (a) The filing fee for a candidate for nomination in the
9797 general primary election is as follows:
9898 (1) United States senator $5,000
9999 (2) office elected statewide, except United States
100100 senator 3,750
101101 (3) United States representative 3,125
102102 (4) state senator 1,250
103103 (5) state representative 750
104104 (6) member, State Board of Education 300
105105 (7) chief justice or justice, court of appeals, other
106106 than a justice specified by Subdivision (8) 1,875
107107 (8) chief justice or justice of a court of appeals that
108108 serves a court of appeals district in which a county with a
109109 population of more than one million is wholly or partly situated
110110 2,500
111111 (9) district judge or judge specified by Section
112112 52.092(d) for which this schedule does not otherwise prescribe a
113113 fee 1,500
114114 (10) district or criminal district judge of a court in
115115 a judicial district wholly contained in a county with a population
116116 of more than 1.5 million 2,500
117117 (11) judge, statutory county court, other than a judge
118118 specified by Subdivision (12) 1,500
119119 (12) judge of a statutory county court in a county with
120120 a population of more than 1.5 million 2,500
121121 (13) district attorney, criminal district attorney,
122122 or county attorney performing the duties of a district attorney
123123 1,250
124124 (14) county commissioner, district clerk, county
125125 clerk, sheriff, county tax assessor-collector, county treasurer,
126126 or judge, constitutional county court:
127127 (A) county with a population of 200,000 or more
128128 1,250
129129 (B) county with a population of under 200,000
130130 750
131131 (15) justice of the peace or constable:
132132 (A) county with a population of 200,000 or more
133133 1,000
134134 (B) county with a population of under 200,000
135135 375
136136 (16) county surveyor 75
137137 (17) member of the board of trustees of an independent
138138 school district 75
139139 (18) office of the county government for which this
140140 schedule does not otherwise prescribe a fee 750
141141 SECTION 10. Section 172.025, Election Code, is amended to
142142 read as follows:
143143 Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
144144 minimum number of signatures that must appear on the petition
145145 authorized by Section 172.021(b) is:
146146 (1) 5,000, for a statewide office; or
147147 (2) for a district, county, independent school
148148 district, or precinct office, the lesser of:
149149 (A) 500; or
150150 (B) two percent of the total vote received in the
151151 district, county, school district, or precinct, as applicable, by
152152 all the candidates for governor in the most recent gubernatorial
153153 general election, unless that number is under 50, in which case the
154154 required number of signatures is the lesser of:
155155 (i) 50; or
156156 (ii) 20 percent of that total vote.
157157 SECTION 11. Section 181.002, Election Code, is amended to
158158 read as follows:
159159 Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A
160160 political party may make nominations for the general election for
161161 state and county officers and members of the board of trustees of an
162162 independent school district by convention, as provided by this
163163 chapter, if the party is authorized by Section 172.002 to make
164164 nominations by primary election.
165165 SECTION 12. Section 181.003, Election Code, is amended to
166166 read as follows:
167167 Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A
168168 political party must make nominations for the general election for
169169 state and county officers and members of the board of trustees of an
170170 independent school district by convention, as provided by this
171171 chapter, if the party is not required or authorized to nominate by
172172 primary election.
173173 SECTION 13. Section 181.0311(a), Election Code, is amended
174174 to read as follows:
175175 (a) In addition to any other requirements, to be considered
176176 for nomination by convention, a candidate must:
177177 (1) pay a filing fee to the secretary of state for a
178178 statewide, [or] district, or school district office or the county
179179 judge for a county or precinct office; or
180180 (2) submit to the secretary of state for a statewide,
181181 [or] district, or school district office or the county judge for a
182182 county or precinct office a petition in lieu of a filing fee that
183183 satisfies the requirements prescribed by Subsection (e) and Section
184184 141.062.
185185 SECTION 14. Section 181.032(a), Election Code, is amended
186186 to read as follows:
187187 (a) An application for nomination by a convention must be
188188 filed with:
189189 (1) the state chair, for a statewide, [or] district,
190190 or school district office; or
191191 (2) the county chair, for a county or precinct office.
192192 SECTION 15. Sections 181.061(b) and (c), Election Code, are
193193 amended to read as follows:
194194 (b) A party nominating by convention must make its
195195 nominations for offices of districts and school districts situated
196196 in more than one county at district conventions held on the second
197197 Saturday after the second Tuesday in March. A district convention
198198 consists of delegates selected at the county conventions held under
199199 Subsection (c).
200200 (c) A party nominating by convention must make its
201201 nominations for county and precinct offices and for offices of
202202 districts and school districts not situated in more than one county
203203 at county conventions held on the first Saturday after the second
204204 Tuesday in March. A county convention consists of delegates
205205 selected at precinct conventions held on the second Tuesday in
206206 March in the regular county election precincts.
207207 SECTION 16. Sections 11.054 and 11.065(c), Education Code,
208208 are repealed.
209209 SECTION 17. The change in law made by this Act applies only
210210 to an election ordered on or after the effective date of this Act.
211211 An election ordered before the effective date of this Act is
212212 governed by the law in effect when the election was ordered, and the
213213 former law is continued in effect for that purpose.
214214 SECTION 18. This Act takes effect September 1, 2025.