By Garcia H.B. No. 2050
75R5854 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recall of a member of the board of trustees of a
1-3 junior college district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 130, Education Code, is amended by adding
1-6 Subchapter F to read as follows:
1-7 SUBCHAPTER F. RECALL OF MEMBER OF BOARD OF TRUSTEES
1-8 Sec. 130.091. APPLICATION. A member of a board of trustees
1-9 of a junior college district may be recalled from office as
1-10 provided by this subchapter.
1-11 Sec. 130.092. LIMITATIONS ON RECALL. A recall petition may
1-12 not be filed:
1-13 (1) within 90 days after the beginning date of the
1-14 member's term;
1-15 (2) within 90 days after the date of a recall election
1-16 that failed to recall the member; or
1-17 (3) within 90 days before the date the member's term
1-18 expires.
1-19 Sec. 130.093. VALIDITY OF PETITION. To be valid, a recall
1-20 petition must:
1-21 (1) be timely filed with the appropriate authority;
1-22 (2) contain valid signatures in the number required by
1-23 Section 130.095;
1-24 (3) comply with the requirements as to form and
2-1 content prescribed by this subchapter; and
2-2 (4) comply with Chapter 277, Election Code, except for
2-3 a provision of that chapter that conflicts with this chapter.
2-4 Sec. 130.094. FILING DEADLINE. A recall petition must be
2-5 filed not later than the 90th day after the initial date of
2-6 circulation of the petition for the recall of the member.
2-7 Sec. 130.095. SIGNATURES REQUIRED. (a) The minimum number
2-8 of signatures that must appear on a recall petition is 10 percent
2-9 of the total vote received in the junior college district, or in
2-10 the district the member represents if the member is elected from a
2-11 district that is not coextensive with the area comprising the
2-12 junior college district, by all candidates for the position on the
2-13 board of trustees held by the board member to whom the recall
2-14 petition applies in the most recent regular election to fill the
2-15 position, not including a runoff election.
2-16 (b) To be valid, a signature must be:
2-17 (1) the signature of an individual who, at the time of
2-18 signing, is a registered voter of the junior college district and
2-19 of the district the member represents if the member is elected from
2-20 a district that is not coextensive with the area comprising the
2-21 junior college district; and
2-22 (2) affixed on the petition on or after the initial
2-23 date of circulation of the petition and before the date of filing
2-24 or refiling of the petition.
2-25 Sec. 130.096. FORM AND CONTENT OF PETITION. (a) A recall
2-26 petition may propose the recall of only one member.
2-27 (b) The following statement must appear at the top of each
3-1 page of the petition: "The purpose of this petition is to request
3-2 that an election be held to determine whether (member's name) is
3-3 recalled from the board of trustees of the (name of junior college
3-4 district)."
3-5 (c) The initial date of circulation of the petition must
3-6 appear on each page of the petition.
3-7 (d) The pages of the petition must be duplicates except as
3-8 to signatures and information required to be affixed by signers and
3-9 circulators.
3-10 (e) The petition may consist of multiple parts.
3-11 (f) The part of the petition in which signatures appear must
3-12 contain the affidavit required by Section 130.098.
3-13 (g) The statement and date required by Subsections (b) and
3-14 (c) must appear, at the time of signing, on the petition on the
3-15 page on which each signature is affixed.
3-16 Sec. 130.097. METHOD OF ACQUIRING SIGNATURE. A person
3-17 circulating a recall petition must:
3-18 (1) before permitting a person to sign, point out and
3-19 read to the person the statement required by Section 130.096(b);
3-20 (2) witness each signature;
3-21 (3) ascertain that each date of signing is correct;
3-22 and
3-23 (4) before the petition is filed, verify each signer's
3-24 registration status and ascertain that each registration number
3-25 entered on the petition is correct.
3-26 Sec. 130.098. AFFIDAVIT OF CIRCULATOR. (a) Each part of a
3-27 recall petition must include an affidavit of the person who
4-1 circulated it stating that the person:
4-2 (1) pointed out and read to each signer, before the
4-3 petition was signed, the statement required by Section 130.096(b);
4-4 (2) witnessed each signature;
4-5 (3) verified each signer's registration status; and
4-6 (4) believes each signature to be genuine and the
4-7 corresponding information correct.
4-8 (b) The printed name and residence address of the circulator
4-9 and the date of execution of the affidavit must be included in the
4-10 affidavit.
4-11 Sec. 130.099. AUTHORITY WITH WHOM PETITION FILED. (a) A
4-12 recall petition must be filed with the clerk or secretary of the
4-13 board of trustees of the junior college district.
4-14 (b) All parts of the petition must be filed on the same
4-15 date.
4-16 Sec. 130.100. COVER LETTER. A cover letter containing the
4-17 following information must accompany a recall petition:
4-18 (1) name of the member sought to be recalled;
4-19 (2) signature, printed name, business or residence
4-20 address, and telephone number of at least one but not more than
4-21 three proponents of the recall;
4-22 (3) date of filing; and
4-23 (4) number of parts of the petition.
4-24 Sec. 130.101. REVIEW OF PETITION. (a) On the filing of a
4-25 recall petition, the authority with whom the petition is filed
4-26 shall review the petition to determine its validity.
4-27 (b) The review shall be completed as soon as practicable
5-1 after the date of filing.
5-2 Sec. 130.102. ACTION ON PETITION. (a) If the authority
5-3 with whom the petition is filed determines that the petition is
5-4 valid and the date of filing does not violate Section 130.092, the
5-5 authority shall order an election in the junior college district,
5-6 or only in the district the member represents if the member is
5-7 elected from a district that is not coextensive with the area
5-8 comprising the junior college district, on the question of
5-9 recalling the member.
5-10 (b) If the authority determines that the petition is invalid
5-11 or the date of filing violates Section 130.092, the authority shall
5-12 promptly reject the petition and return it along with written
5-13 reasons for the rejection to one of the proponents of the recall.
5-14 (c) A rejected petition may be refiled before the deadline
5-15 prescribed by Section 130.094.
5-16 Sec. 130.103. NOTICE TO MEMBER. (a) Not later than the
5-17 fifth day after the date a determination is made under Section
5-18 130.102, the authority with whom the petition is filed shall
5-19 deliver by registered mail a written notice of the determination to
5-20 the member sought to be recalled.
5-21 (b) If a recall election is ordered, the notice must include
5-22 the date of the election.
5-23 Sec. 130.104. ELECTION ORDER; DATE. (a) A recall election
5-24 shall be ordered not later than the fourth day after the date a
5-25 determination is made under Section 130.102(a).
5-26 (b) The recall election shall be held on a date that is at
5-27 least 30 days and not more than 40 days after the date the election
6-1 is ordered.
6-2 (c) If the election date required by Subsection (b) occurs
6-3 on a date on which the member who is the subject of the recall no
6-4 longer holds the office, the recall election may not be held.
6-5 Sec. 130.105. FORM OF BALLOT. The ballot for a recall
6-6 election shall be printed to provide for voting for or against the
6-7 proposition: "Recalling (member's name) from the board of trustees
6-8 of the (name of junior college district)."
6-9 Sec. 130.106. CONDUCT OF ELECTION. Except as otherwise
6-10 provided by this chapter, a recall election shall be, to the extent
6-11 possible, conducted and the results canvassed, tabulated, and
6-12 reported in accordance with the procedures prescribed by law for a
6-13 regular election for a member of the board of trustees.
6-14 Sec. 130.107. VOTE NECESSARY FOR RECALL. If a majority of
6-15 the votes received in a recall election vote "for," the member is
6-16 recalled from office and a vacancy in that office occurs on the
6-17 date the final canvass of the election is completed.
6-18 Sec. 130.108. FILLING VACANCY AFTER RECALL. A vacancy in
6-19 office resulting from a recall election is filled as generally
6-20 provided by law for a vacancy in a position on the board of
6-21 trustees.
6-22 Sec. 130.109. INELIGIBILITY OF RECALLED MEMBER. A member
6-23 who is recalled may not be appointed, during the term from which
6-24 the member is recalled, to fill a vacancy in the office from which
6-25 the recall is made.
6-26 Sec. 130.110. INELIGIBILITY OF RESIGNED MEMBER. A member
6-27 who resigns on or after the initial date of circulation of a
7-1 petition demanding the member's recall may not be appointed, during
7-2 the term from which the member resigns, to fill a vacancy in the
7-3 office from which the recall is demanded.
7-4 SECTION 2. This Act takes effect September 1, 1997.
7-5 SECTION 3. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended.