By Davis of Dallas H.B. No. 1992
76R6990 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removal from office of the commissioner of education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7.053, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 7.053. REMOVAL FROM OFFICE. (a) The governor, with
1-7 the advice and consent of the senate, may remove the commissioner
1-8 from office as provided by Section 9, Article XV, Texas
1-9 Constitution.
1-10 (b) If a school district repeatedly fails to satisfy the
1-11 accreditation standards prescribed by Subchapter D, Chapter 39, and
1-12 the commissioner fails to impose an appropriate sanction under
1-13 Section 39.131, the commissioner forfeits the office and may be
1-14 removed through an action in the nature of quo warranto as provided
1-15 by Chapter 66, Civil Practice and Remedies Code. The attorney
1-16 general may on the attorney general's own motion and shall on
1-17 receipt of a petition complying with Subsections (c) and (d) file a
1-18 petition for leave to file an information under that chapter.
1-19 Venue for an action under this subsection is in Travis County.
1-20 (c) A petition for the removal of the commissioner must be
1-21 signed by at least the following percentage of the registered
1-22 voters of the school district:
1-23 (1) 25 percent, if the district has an enrollment of
1-24 500 students or less;
2-1 (2) 20 percent, if the district has an enrollment of
2-2 501 to 2,000 students;
2-3 (3) 15 percent, if the district has an enrollment of
2-4 2,001 to 10,000 students;
2-5 (4) 10 percent, if the district has an enrollment of
2-6 10,001 to 50,000 students; or
2-7 (5) five percent, if the district has an enrollment of
2-8 50,001 students or more.
2-9 (d) The petition must show the name, address, and telephone
2-10 number of each person signing the petition and must include the
2-11 date on which the person signed the petition. A petition signature
2-12 is invalid if the signer signed the petition earlier than the 90th
2-13 day before the date the petition is delivered to the attorney
2-14 general.
2-15 SECTION 2. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.