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SECTION 1. Chapter 11,
Education Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. RECALL OF
MEMBERS OF BOARDS OF TRUSTEES
Sec. 11.451. DEFINITION.
In this subchapter, "recall election" means an election conducted
under this subchapter to recall a member of a school district board of
trustees.
Sec. 11.452. GROUNDS FOR
RECALL. A member of a school district board of trustees may be recalled
from office if the bond rating for the
district's bonds is lowered by a nationally recognized investment rating
firm primarily on the basis of discretionary actions taken by the board of
trustees.
Sec. 11.453. ORDERING
ELECTION. Except as otherwise provided by this subchapter, the board of
trustees of a school district shall order a recall election for a trustee
if the board is presented with a petition that:
(1) meets the
requirements of Section 11.454; and
(2) is certified as valid
under Section 11.457.
Sec. 11.454. PETITION.
(a) A petition for a recall election must have, preceding the space
reserved for signatures on each page, the following:
(1) a statement
substantially as follows: "This petition is to require that an
election be held in (name of school district) on the recall of trustee
(name of trustee)."; and
(2) a brief description of the discretionary actions taken by the
board of trustees that resulted in the district's bond rating being lowered.
(b) A petition may not
name more than one trustee.
(c) To be considered
valid under Section 11.457, a petition must be signed by a number of
registered voters residing in the school district equal to or greater than
10 percent of the number of votes cast in the most recent general election
for trustees in the district.
(d) Each person signing a
petition must enter beside the person's signature the date the voter signs
the petition. A signature may not be counted if the date of signature is
earlier than:
(1) the 180th day after
the date the trustee's current term began; or
(2) the 90th day before
the date the petition is submitted to the board of trustees.
(e) Each person signing a
petition must provide the person's current voter registration number,
printed name, and residential address, including zip code.
Sec. 11.455. ACTION ON
PETITION. (a) Not later than the fifth day after the date a petition for
a recall election is received in the office of the board of trustees, the
board shall submit the petition to the secretary of the board. If the
petition is to require a recall election for the trustee who serves as
secretary, the board shall appoint an acting secretary to perform the
secretary's duties under this subchapter.
(b) Not later than the fifth day after the date the petition is
submitted to the secretary, the secretary shall:
(1) begin the process of
determining whether the petition is signed by the required number of
registered voters in the school district as provided by Section 11.454(c);
and
(See Sec. 11.457 below)
(2) file an application with a district court in the county in
which the school district is primarily located requesting a hearing and
determination under Section 11.456.
(c) The board of trustees
or secretary of the board is not required to take action in accordance with
this section if the trustee named in the petition resigns the office of
trustee.
Sec. 11.456. COURT HEARING REGARDING GROUNDS FOR RECALL. (a) A
district court that receives an application under Section 11.455(b)(2)
shall conduct a hearing to determine if sufficient facts exist to support
the allegation that the district's bond rating was lowered primarily on the
basis of discretionary actions taken by the board of trustees.
(b) The court must conduct the hearing not later than the 10th day
after the date the court receives the application.
(c) The court shall give notice of the hearing to the trustee
named in the petition and other interested parties.
(d) After conducting the hearing, the court shall determine if
sufficient facts exist to support the allegation and inform the secretary
of the board of trustees of the court's determination. If the court does
not find that sufficient facts exist, the recall process terminates and no
further action may be taken as a result of the petition.
(e) The district court is not required to conduct a hearing and
make the determination required by this section if the trustee named in the
petition resigns the office of trustee, and the court may cancel a hearing
scheduled to begin after the date of resignation or discontinue a hearing
in progress on the date of resignation, as applicable.
Sec. 11.457. CERTIFICATION OF PETITION VALIDITY OR INVALIDITY. If
the court determines under Section 11.456 that sufficient facts exist and
the recall process may proceed, the secretary of the board of
trustees, not later than the 15th day after
the date the secretary receives notice of the court's determination,
shall certify in writing to the board of trustees whether the petition is
valid or invalid, based on the secretary's review of the signatures on the
petition. If the secretary determines the petition is invalid, the
secretary shall state each reason for that determination.
Sec. 11.458. DATE OF
ELECTION; ORDER. (a) If the secretary certifies that a petition is valid,
the board of trustees shall, not later than the 30th day after the date of
certification, order that an election be held in the school district on the
first Saturday after the 62nd day following the date the board orders the
election. Section 41.001(a), Election Code, does not apply to an election
ordered under this subchapter.
(b) If the term of the
trustee named in the petition expires before the first anniversary of the
date the secretary certifies the petition is valid, the board may not order
the election.
(c) The board shall state
in the order the issue to be voted on at the election.
(d) The board of trustees
is not required under Subsection (a) to order an election if the trustee
named in the petition resigns the office of trustee. If the trustee
resigns after the board orders the election but before the election is
held, the board may cancel the election.
Sec. 11.459. BALLOT
PROPOSITION. The ballot in a recall election must be printed to provide
for voting for or against the proposition: "Recalling (name of school
district) trustee (name of trustee)."
Sec. 11.460. RESULTS OF
ELECTION; VACANCY. (a) If the majority of votes received in a recall
election are for the recall of the trustee, the office held by the trustee
becomes vacant immediately on the canvassing of the votes. The vacancy
shall be filled as provided by Section 11.060, except as provided by
Subsection (c).
(b) Notwithstanding
Subsection (a), a trustee recalled under this subchapter continues to serve
in accordance with Section 17, Article XVI, Texas Constitution, until the
trustee's successor qualifies for the office of trustee.
(c) If a majority of the
members of the board of trustees are recalled in a single recall election
under this subchapter, the board of trustees shall, not later than the 30th
day after the date on which the vacancies on the board occur as a result of
the recall election, order a special election to be held on a date
specified in the order to fill the vacancies. If the board fails to comply
with this subsection, the county judge of the county in which the school
district is primarily located shall order the special election. The
expenses of the special election shall be paid by the district, regardless
of whether the election is ordered by the board or the county judge.
Sec. 11.461. MULTIPLE
RECALL ATTEMPTS PROHIBITED. The board of trustees may not order a recall
election for a trustee who has been the subject of a previous recall
election during the trustee's current term.
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SECTION 1. Chapter 11,
Education Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. RECALL OF
MEMBERS OF BOARDS OF TRUSTEES
Sec. 11.451. DEFINITION.
In this subchapter, "recall election" means an election conducted
under this subchapter to recall a member of a school district board of
trustees.
Sec. 11.452. GROUNDS FOR
RECALL. A member of a school district board of trustees may be recalled
from office if:
(1) the commissioner lowers the accreditation status of the
district under Section 39.051; and
(2) the member has held office for at least two years at the time
the accreditation status is lowered.
Sec. 11.453. ORDERING
ELECTION. Except as otherwise provided by this subchapter, the board of
trustees of a school district shall order a recall election for a trustee
if the board is presented with a petition that:
(1) meets the
requirements of Section 11.454; and
(2) is certified as valid
under Section 11.455.
Sec. 11.454. PETITION.
(a) A petition for a recall election must have, preceding the space
reserved for signatures on each page, the following:
(1) a statement
substantially as follows: "This petition is to require that an
election be held in (name of school district) on the recall of trustee
(name of trustee)."; and
(2) a brief explanation that the recall petition is based on the
lowering of the school district's accreditation status by the commissioner.
(b) A petition may not
name more than one trustee.
(c) To be considered
valid under Section 11.455, a petition must be signed by a number of
registered voters residing in the school district equal to or greater than
10 percent of the number of votes cast in the most recent general election
for trustees in the district.
(d) Each person signing a
petition must enter beside the person's signature the date the voter signs
the petition. A signature may not be counted if the date of signature is
earlier than:
(1) the 180th day after
the date the trustee's current term began; or
(2) the 90th day before
the date the petition is submitted to the board of trustees.
(e) Each person signing a
petition must provide the person's current voter registration number,
printed name, and residential address, including zip code.
Sec. 11.455. ACTION ON
PETITION. (a) Not later than the fifth day after the date a petition for
a recall election is received in the office of the board of trustees, the
board shall submit the petition to the secretary of the board. If the
petition is to require a recall election for the trustee who serves as
secretary, the board shall appoint an acting secretary to perform the
secretary's duties under this subchapter.
(b) Not later than the 15th day after the date the petition is
submitted to the secretary, the secretary shall determine whether the
petition is signed by the required number of registered voters in the
school district as provided by Section 11.454(c).
The secretary shall
certify in writing to the board of trustees whether the petition is valid
or invalid, based on the secretary's review of the signatures on the
petition. If the secretary determines the petition is invalid, the
secretary shall state each reason for that determination.
(c) The board of trustees
or secretary of the board is not required to take action in accordance with
this section if the trustee named in the petition resigns the office of
trustee.
(See Sec. 11.455(b)
above.)
Sec. 11.456. DATE OF
ELECTION; ORDER. (a) If the secretary certifies that a petition is valid,
the board of trustees shall, not later than the 30th day after the date of
certification, order that an election be held in the school district on the
first Saturday after the 62nd day following the date the board orders the
election. Section 41.001(a), Election Code, does not apply to an election
ordered under this subchapter.
(b) If the term of the
trustee named in the petition expires before the first anniversary of the
date the secretary certifies the petition is valid, the board may not order
the election.
(c) The board shall state
in the order the issue to be voted on at the election.
(d) The board of trustees
is not required under Subsection (a) to order an election if the trustee
named in the petition resigns the office of trustee. If the trustee
resigns after the board orders the election but before the election is
held, the board may cancel the election.
Sec. 11.457. BALLOT
PROPOSITION. The ballot in a recall election must be printed to provide
for voting for or against the proposition: "Recalling (name of school
district) trustee (name of trustee)."
Sec. 11.458. RESULTS OF
ELECTION; VACANCY. (a) If the majority of votes received in a recall
election are for the recall of the trustee, the office held by the trustee
becomes vacant immediately on the canvassing of the votes. The vacancy
shall be filled as provided by Section 11.060, except as provided by
Subsection (c).
(b) Notwithstanding
Subsection (a), a trustee recalled under this subchapter continues to serve
in accordance with Section 17, Article XVI, Texas Constitution, until the
trustee's successor qualifies for the office of trustee.
(c) If a majority of the
members of the board of trustees are recalled in a single recall election
under this subchapter, the board of trustees shall, not later than the 30th
day after the date on which the vacancies on the board occur as a result of
the recall election, order a special election to be held on a date
specified in the order to fill the vacancies. If the board fails to comply
with this subsection, the county judge of the county in which the school
district is primarily located shall order the special election. The
expenses of the special election shall be paid by the district, regardless
of whether the election is ordered by the board or the county judge.
Sec. 11.459. MULTIPLE
RECALL ATTEMPTS PROHIBITED. The board of trustees may not order a recall
election for a trustee who has been the subject of a previous recall
election during the trustee's current term.
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