78R2121 CAS-D
By: Pickett H.B. No. 333
A BILL TO BE ENTITLED
AN ACT
relating to the recall of a member of the board of trustees of an
independent school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. RECALL OF MEMBER OF BOARD OF TRUSTEES
Sec. 11.401. APPLICATION. A member of a board of trustees
of an independent school district may be recalled from office as
provided by this subchapter.
Sec. 11.402. LIMITATIONS ON RECALL. A recall petition may
not be filed:
(1) earlier than the 91st day after the beginning date
of the member's term;
(2) earlier than the 91st day after the date of a
recall election that failed to recall the member; or
(3) later than the 91st day before the date the
member's term expires.
Sec. 11.403. VALIDITY OF PETITION. To be valid, a recall
petition must:
(1) be timely filed with the appropriate authority;
(2) contain valid signatures in the number required by
Section 11.405;
(3) comply with the requirements as to form and
content prescribed by this subchapter; and
(4) comply with Chapter 277, Election Code, except for
a provision of that chapter that conflicts with this chapter.
Sec. 11.404. FILING DEADLINE. A recall petition must be
filed not later than the 90th day after the initial date of
circulation of the petition for the recall of the member.
Sec. 11.405. SIGNATURES REQUIRED. (a) The minimum number
of signatures that must appear on a recall petition is a number
equal to 25 percent of the total number of ballots cast in the most
recent election of trustees in the territory from which the member
is elected.
(b) To be valid, a signature must be:
(1) the signature of an individual who, at the time of
signing, is a registered voter of the territory from which the
member is elected; and
(2) affixed on the petition on or after the initial
date of circulation of the petition and before the date of filing or
refiling of the petition.
Sec. 11.406. FORM AND CONTENT OF PETITION. (a) A recall
petition may propose the recall of only one member.
(b) The following statement must appear at the top of each
page of the petition: "The purpose of this petition is to request
that an election be held to determine whether (member's name) is
recalled from the board of trustees of the (name of school
district)."
(c) The initial date of circulation of the petition must
appear on each page of the petition.
(d) The pages of the petition must be duplicates except as
to signatures and information required to be affixed by signers and
circulators.
(e) The petition may consist of multiple parts.
(f) The part of the petition in which signatures appear must
contain the affidavit required by Section 11.408.
(g) The statement and date required by Subsections (b) and
(c) must appear, at the time of signing, on the petition on the page
on which each signature is affixed.
Sec. 11.407. METHOD OF ACQUIRING SIGNATURE. A person
circulating a recall petition must:
(1) before permitting a person to sign, point out and
read to the person the statement required by Section 11.406(b);
(2) witness each signature;
(3) ascertain that each date of signing is correct;
and
(4) before the petition is filed, verify each signer's
registration status and ascertain that each registration number
entered on the petition is correct.
Sec. 11.408. AFFIDAVIT OF CIRCULATOR. (a) Each part of a
recall petition must include an affidavit of the person who
circulated it stating that the person:
(1) pointed out and read to each signer, before the
petition was signed, the statement required by Section 11.406(b);
(2) witnessed each signature;
(3) verified each signer's registration status; and
(4) believes each signature to be genuine and the
corresponding information correct.
(b) The printed name and residence address of the circulator
and the date of execution of the affidavit must be included in the
affidavit.
Sec. 11.409. AUTHORITY WITH WHOM PETITION FILED. (a) A
recall petition must be filed with the clerk or secretary of the
board of trustees of the school district.
(b) All parts of the petition must be filed on the same date.
Sec. 11.410. COVER LETTER. A cover letter containing the
following information must accompany a recall petition:
(1) the name of the member sought to be recalled;
(2) the signature, printed name, business or residence
address, and telephone number of at least one but not more than
three proponents of the recall;
(3) the date of filing; and
(4) the number of parts of the petition.
Sec. 11.411. REVIEW OF PETITION. (a) On the filing of a
recall petition, the clerk or secretary with whom the petition is
filed shall review the petition to determine its validity.
(b) The review shall be completed as soon as practicable
after the date of filing.
Sec. 11.412. ACTION ON PETITION. (a) If the clerk or
secretary determines that the petition is valid and the date of
filing does not violate Section 11.402, the board of trustees of the
school district shall order an election in the territory from which
the member is elected on the question of recalling the member.
(b) If the clerk or secretary determines that the petition
is invalid or the date of filing violates Section 11.402, the clerk
or secretary shall promptly reject the petition and return it along
with written reasons for the rejection to one of the proponents of
the recall.
(c) A rejected petition may be refiled before the deadline
prescribed by Section 11.404.
Sec. 11.413. NOTICE TO MEMBER. (a) Not later than the
fifth day after the date a determination is made under Section
11.412, the clerk or secretary shall deliver by registered mail a
written notice of the determination to the member who is the subject
of the recall.
(b) If a recall election is ordered, the notice must include
the date of the election.
Sec. 11.414. ELECTION ORDER; DATE. (a) A recall election
shall be ordered not later than the fourth day after the date a
determination is made under Section 11.412(a).
(b) The recall election shall be held on the first
authorized uniform election date that occurs at least 45 days after
the date the election is ordered.
(c) If the election date required by Subsection (b) occurs
on a date on which the member who is the subject of the recall either
no longer holds the office or is a candidate for reelection, the
recall election may not be held.
Sec. 11.415. FORM OF BALLOT. The ballot for a recall
election shall be printed to provide for voting for or against the
proposition: "Recalling (member's name) from the board of trustees
of the (name of school district)."
Sec. 11.416. CONDUCT OF ELECTION. Except as otherwise
provided by this chapter, a recall election shall be, to the extent
possible, conducted and the results canvassed, tabulated, and
reported in accordance with the procedures prescribed by law for a
general election for a member of the board of trustees.
Sec. 11.417. VOTE NECESSARY FOR RECALL. If a majority of
the votes received in a recall election vote "for," the member is
recalled from office and a vacancy in that office occurs on the date
the final canvass of the election is completed.
Sec. 11.418. FILLING VACANCY AFTER RECALL. A vacancy in
office resulting from a recall election is filled as provided by
Section 11.060.
Sec. 11.419. INELIGIBILITY OF RECALLED MEMBER. A member
who is recalled may not be appointed, during the term from which the
member is recalled, to fill a vacancy in the office from which the
recall is made.
Sec. 11.420. INELIGIBILITY OF RESIGNED MEMBER. A member
who resigns on or after the initial date of circulation of a
petition demanding the member's recall may not be appointed, during
the term from which the member resigns, to fill a vacancy in the
office from which the recall is demanded.
SECTION 2. This Act takes effect January 1, 2004, but only
if the constitutional amendment proposed by the 78th Legislature,
Regular Session, 2003, authorizing elections for the recall of
independent school district trustees, is approved by the voters.
If that amendment is not approved by the voters, this Act has no
effect.