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A BILL TO BE ENTITLED
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AN ACT
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relating to the recall of members of school district boards of |
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trustees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES |
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Sec. 11.401. DEFINITION. In this subchapter, "recall |
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election" means an election conducted under this subchapter to |
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recall a member of a school district board of trustees. |
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Sec. 11.402. ORDERING ELECTION. Except as otherwise |
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provided by this subchapter, the board of trustees of a school |
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district shall order a recall election for a trustee if the board is |
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presented with a petition that: |
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(1) meets the requirements of Section 11.403; and |
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(2) is certified as valid under Section 11.404. |
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Sec. 11.403. PETITION. (a) A petition for a recall |
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election must have a statement substantially as follows preceding |
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the space reserved for signatures on each page: "This petition is to |
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require that an election be held in (name of school district) on the |
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recall of trustee (name of trustee)." |
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(b) A petition may not name more than one trustee. |
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(c) To be considered valid under Section 11.404, a petition |
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must be signed by a number of registered voters residing in the |
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school district equal to or greater than 10 percent of the number of |
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votes cast in the most recent general election for trustees in the |
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district. |
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(d) Each person signing a petition must enter beside the |
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person's signature the date the voter signs the petition. A |
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signature may not be counted if the date of signature is earlier |
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than: |
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(1) the 180th day after the date the trustee's current |
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term began; or |
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(2) the 90th day before the date the petition is |
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submitted to the board of trustees. |
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(e) Each person signing a petition must provide the person's |
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current voter registration number, printed name, and residential |
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address, including zip code. |
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Sec. 11.404. VERIFICATION OF PETITION. (a) Not later than |
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the fifth day after the date a petition for a recall election is |
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received in the office of the board of trustees, the board shall |
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submit the petition to the secretary of the board for verification. |
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If the petition is to require a recall election for the trustee who |
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serves as secretary, the board shall appoint an acting secretary to |
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perform the secretary's duties under this section. |
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(b) The secretary shall determine whether the petition is |
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signed by the required number of registered voters in the school |
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district as provided by Section 11.403(c). Not later than the 30th |
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day after the date the petition is submitted, the secretary shall |
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certify in writing to the board of trustees whether the petition is |
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valid or invalid. If the secretary determines the petition is |
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invalid, the secretary shall state each reason for that |
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determination. |
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Sec. 11.405. DATE OF ELECTION; ORDER. (a) If the secretary |
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certifies that a petition is valid, the board of trustees shall, not |
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later than the 30th day after the date of certification, order that |
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an election be held in the school district on the first Saturday |
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after the 62nd day following the date the board orders the election. |
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Section 41.001(a), Election Code, does not apply to an election |
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ordered under this subchapter. |
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(b) If the term of the trustee to whom the petition relates |
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expires before the 75th day after the date the secretary certifies |
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the petition is valid, the board may not order the election. |
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(c) The board shall state in the order the issue to be voted |
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on at the election. |
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Sec. 11.406. BALLOT PROPOSITION. The ballot in a recall |
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election must be printed to provide for voting for or against the |
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proposition: "Recalling (name of school district) trustee (name of |
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trustee)." |
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Sec. 11.407. RESULTS OF ELECTION; VACANCY. If the majority |
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of the votes received in a recall election are for the recall of the |
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trustee, the office held by the trustee becomes vacant effective |
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immediately on the canvassing of the votes. The vacancy is filled |
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as provided by Section 11.060. |
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Sec. 11.408. MULTIPLE RECALL ATTEMPTS PROHIBITED. The |
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board of trustees may not order a recall election for a trustee who |
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has been the subject of a previous recall election during the |
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trustee's current term. |
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SECTION 2. This Act takes effect January 1, 2014, but only |
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if the constitutional amendment proposed by the 83rd Legislature, |
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Regular Session, 2013, authorizing elections for the recall of |
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independent school district trustees, is approved by the voters. |
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If that amendment is not approved by the voters, this Act has no |
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effect. |