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A BILL TO BE ENTITLED
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AN ACT
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relating to censure of a member of a school district board 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. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.180 to read as follows: |
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Sec. 11.180. CENSURE OF BOARD MEMBER. (a) The board of |
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trustees of an independent school district may censure a member of |
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the board only if: |
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(1) the member is convicted of a felony or |
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misdemeanor, other than a misdemeanor punishable by fine only, or |
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is determined by the board to have violated a policy adopted by the |
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board; and |
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(2) the board acts in compliance with procedures that |
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meet the requirements specified by this section. |
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(b) The procedures followed by the board must include the |
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following components: |
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(1) proceedings are conducted in compliance with |
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Chapter 551, Government Code; |
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(2) the board member subject to censure is: |
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(A) provided with written notice in accordance |
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with Subsection (c) of the basis on which the board proposes to |
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censure the member; |
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(B) given the opportunity for a public hearing on |
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the issues presented in the notice required by Paragraph (A) at |
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which the member and the board may present and cross-examine |
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witnesses; |
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(C) permitted to present and cross-examine |
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witnesses during a closed meeting, to the extent that deliberation |
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of an issue presented in the notice required by Paragraph (A) occurs |
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in a closed meeting authorized by Chapter 551, Government Code; and |
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(D) permitted to be represented by counsel, |
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provided that the member bears the cost of the representation, |
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subject to potential reimbursement of attorney's fees associated |
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with an appeal to district court, as provided by Subsection (e); and |
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(3) the decision to censure the member must be adopted |
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at a regular board meeting by an affirmative vote of two-thirds of |
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the members of the board in an open meeting. |
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(c) The board must provide the notice described by |
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Subsection (b)(2)(A) not later than the date of the regular board |
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meeting that immediately precedes the regular board meeting at |
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which the board may vote on whether to censure the member. |
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(d) A member of the board who is censured may appeal the |
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censure by trial de novo to the district court of the county in |
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which the school district's central administrative office is |
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located. |
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(e) If an appeal is brought under Subsection (d), the court |
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shall award court costs and reasonable attorney's fees to the |
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prevailing party. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |