By Reyna of Bexar H.B. No. 97
76R1153 CAS-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 an
1-3 independent school district.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Education Code, is amended by adding
1-6 Subchapter I to read as follows:
1-7 SUBCHAPTER I. RECALL OF MEMBER OF BOARD OF TRUSTEES
1-8 Sec. 11.401. APPLICATION. A member of a board of trustees
1-9 of an independent school district may be recalled from office as
1-10 provided by this subchapter.
1-11 Sec. 11.402. LIMITATIONS ON RECALL. A recall petition may
1-12 not be filed:
1-13 (1) earlier than the 91st day after the beginning date
1-14 of the member's term;
1-15 (2) earlier than the 91st day after the date of a
1-16 recall election that failed to recall the member; or
1-17 (3) later than the 91st day before the date the
1-18 member's term expires.
1-19 Sec. 11.403. 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 11.405;
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. 11.404. 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. 11.405. SIGNATURES REQUIRED. (a) The minimum number
2-8 of signatures that must appear on a recall petition is 25 percent
2-9 of the total number of ballots cast in the most recent election of
2-10 trustees in the territory from which the member is elected.
2-11 (b) To be valid, a signature must be:
2-12 (1) the signature of an individual who, at the time of
2-13 signing, is a registered voter of the territory from which the
2-14 member is elected; and
2-15 (2) affixed on the petition on or after the initial
2-16 date of circulation of the petition and before the date of filing
2-17 or refiling of the petition.
2-18 Sec. 11.406. FORM AND CONTENT OF PETITION. (a) A recall
2-19 petition may propose the recall of only one member.
2-20 (b) The following statement must appear at the top of each
2-21 page of the petition: "The purpose of this petition is to request
2-22 that an election be held to determine whether (member's name) is
2-23 recalled from the board of trustees of the (name of school
2-24 district)."
2-25 (c) The initial date of circulation of the petition must
2-26 appear on each page of the petition.
2-27 (d) The pages of the petition must be duplicates except as
3-1 to signatures and information required to be affixed by signers and
3-2 circulators.
3-3 (e) The petition may consist of multiple parts.
3-4 (f) The part of the petition in which signatures appear must
3-5 contain the affidavit required by Section 11.408.
3-6 (g) The statement and date required by Subsections (b) and
3-7 (c) must appear, at the time of signing, on the petition on the
3-8 page on which each signature is affixed.
3-9 Sec. 11.407. METHOD OF ACQUIRING SIGNATURE. A person
3-10 circulating a recall petition must:
3-11 (1) before permitting a person to sign, point out and
3-12 read to the person the statement required by Section 11.406(b);
3-13 (2) witness each signature;
3-14 (3) ascertain that each date of signing is correct;
3-15 and
3-16 (4) before the petition is filed, verify each signer's
3-17 registration status and ascertain that each registration number
3-18 entered on the petition is correct.
3-19 Sec. 11.408. AFFIDAVIT OF CIRCULATOR. (a) Each part of a
3-20 recall petition must include an affidavit of the person who
3-21 circulated it stating that the person:
3-22 (1) pointed out and read to each signer, before the
3-23 petition was signed, the statement required by Section 11.406(b);
3-24 (2) witnessed each signature;
3-25 (3) verified each signer's registration status; and
3-26 (4) believes each signature to be genuine and the
3-27 corresponding information correct.
4-1 (b) The printed name and residence address of the circulator
4-2 and the date of execution of the affidavit must be included in the
4-3 affidavit.
4-4 Sec. 11.409. AUTHORITY WITH WHOM PETITION FILED. (a) A
4-5 recall petition must be filed with the clerk or secretary of the
4-6 board of trustees of the school district.
4-7 (b) All parts of the petition must be filed on the same
4-8 date.
4-9 Sec. 11.410. COVER LETTER. A cover letter containing the
4-10 following information must accompany a recall petition:
4-11 (1) the name of the member sought to be recalled;
4-12 (2) the signature, printed name, business or residence
4-13 address, and telephone number of at least one but not more than
4-14 three proponents of the recall;
4-15 (3) the date of filing; and
4-16 (4) the number of parts of the petition.
4-17 Sec. 11.411. REVIEW OF PETITION. (a) On the filing of a
4-18 recall petition, the authority with whom the petition is filed
4-19 shall review the petition to determine its validity.
4-20 (b) The review shall be completed as soon as practicable
4-21 after the date of filing.
4-22 Sec. 11.412. ACTION ON PETITION. (a) If the authority with
4-23 whom the petition is filed determines that the petition is valid
4-24 and the date of filing does not violate Section 11.402, the
4-25 authority shall order an election in the territory from which the
4-26 member is elected on the question of recalling the member.
4-27 (b) If the authority determines that the petition is invalid
5-1 or the date of filing violates Section 11.402, the authority shall
5-2 promptly reject the petition and return it along with written
5-3 reasons for the rejection to one of the proponents of the recall.
5-4 (c) A rejected petition may be refiled before the deadline
5-5 prescribed by Section 11.404.
5-6 Sec. 11.413. NOTICE TO MEMBER. (a) Not later than the
5-7 fifth day after the date a determination is made under Section
5-8 11.412, the authority with whom the petition is filed shall deliver
5-9 by registered mail a written notice of the determination to the
5-10 member sought to be recalled.
5-11 (b) If a recall election is ordered, the notice must include
5-12 the date of the election.
5-13 Sec. 11.414. ELECTION ORDER; DATE. (a) A recall election
5-14 shall be ordered not later than the fourth day after the date a
5-15 determination is made under Section 11.412(a).
5-16 (b) The recall election shall be held on the first
5-17 authorized uniform election date that occurs at least 45 days after
5-18 the date the election is ordered.
5-19 (c) If the election date required by Subsection (b) occurs
5-20 on a date on which the member who is the subject of the recall
5-21 either no longer holds the office or is a candidate for reelection,
5-22 the recall election may not be held.
5-23 Sec. 11.415. FORM OF BALLOT. The ballot for a recall
5-24 election shall be printed to provide for voting for or against the
5-25 proposition: "Recalling (member's name) from the board of trustees
5-26 of the (name of school district)."
5-27 Sec. 11.416. CONDUCT OF ELECTION. Except as otherwise
6-1 provided by this chapter, a recall election shall be, to the extent
6-2 possible, conducted and the results canvassed, tabulated, and
6-3 reported in accordance with the procedures prescribed by law for a
6-4 general election for a member of the board of trustees.
6-5 Sec. 11.417. VOTE NECESSARY FOR RECALL. If a majority of
6-6 the votes received in a recall election vote "for," the member is
6-7 recalled from office and a vacancy in that office occurs on the
6-8 date the final canvass of the election is completed.
6-9 Sec. 11.418. FILLING VACANCY AFTER RECALL. A vacancy in
6-10 office resulting from a recall election is filled as provided by
6-11 Section 11.060.
6-12 Sec. 11.419. INELIGIBILITY OF RECALLED MEMBER. A member who
6-13 is recalled may not be appointed, during the term from which the
6-14 member is recalled, to fill a vacancy in the office from which the
6-15 recall is made.
6-16 Sec. 11.420. INELIGIBILITY OF RESIGNED MEMBER. A member who
6-17 resigns on or after the initial date of circulation of a petition
6-18 demanding the member's recall may not be appointed, during the term
6-19 from which the member resigns, to fill a vacancy in the office from
6-20 which the recall is demanded.
6-21 SECTION 2. This Act takes effect January 1, 2000, but only
6-22 if the constitutional amendment proposed by the 76th Legislature,
6-23 Regular Session, 1999, authorizing recall elections for members of
6-24 the board of trustees of an independent school district, is
6-25 approved by the voters. If that amendment is not approved by the
6-26 voters, this Act has no effect.
6-27 SECTION 3. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended.