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.