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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 J to read as follows: |
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SUBCHAPTER J. RECALL OF MEMBERS OF BOARDS OF TRUSTEES |
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Sec. 11.451. 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. 11.452. GROUNDS FOR RECALL. A member of a school |
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district board of trustees may be recalled from office if: |
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(1) the commissioner lowers the accreditation status |
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of the district under Section 39.051; and |
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(2) the member has held office for at least two years |
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at the time the accreditation status is lowered. |
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Sec. 11.453. 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 11.454; and |
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(2) is certified as valid under Section 11.455. |
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Sec. 11.454. PETITION. (a) A petition for a recall |
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election must have, preceding the space reserved for signatures on |
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each page, the following: |
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(1) a statement substantially as follows: "This |
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petition is to require that an election be held in (name of school |
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district) on the recall of trustee (name of trustee)."; and |
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(2) a brief explanation that the recall petition is |
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based on the lowering of the school district's accreditation status |
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by the commissioner. |
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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 11.455, 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. 11.455. ACTION ON PETITION. (a) Not later than the |
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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. If the petition |
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is to require a recall election for the trustee who serves as |
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secretary, the board shall appoint an acting secretary to perform |
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the secretary's duties under this subchapter. |
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(b) Not later than the 15th day after the date the petition |
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is submitted to the secretary, the secretary shall determine |
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whether the petition is signed by the required number of registered |
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voters in the school district as provided by Section 11.454(c). The |
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secretary shall certify in writing to the board of trustees whether |
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the petition is valid or invalid, based on the secretary's review of |
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the signatures on the petition. If the secretary determines the |
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petition is invalid, the secretary shall state each reason for that |
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determination. |
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(c) The board of trustees or secretary of the board is not |
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required to take action in accordance with this section if the |
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trustee named in the petition resigns the office of trustee. |
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Sec. 11.456. 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 named in the petition expires |
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before the first anniversary of 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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(d) The board of trustees is not required under Subsection |
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(a) to order an election if the trustee named in the petition |
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resigns the office of trustee. If the trustee resigns after the |
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board orders the election but before the election is held, the board |
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may cancel the election. |
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Sec. 11.457. 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. 11.458. RESULTS OF ELECTION; VACANCY. (a) If the |
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majority of votes received in a recall election are for the recall |
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of the trustee, the office held by the trustee becomes vacant |
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immediately on the canvassing of the votes. The vacancy shall be |
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filled as provided by Section 11.060, except as provided by |
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Subsection (c). |
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(b) Notwithstanding Subsection (a), a trustee recalled |
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under this subchapter continues to serve in accordance with Section |
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17, Article XVI, Texas Constitution, until the trustee's successor |
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qualifies for the office of trustee. |
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(c) If a majority of the members of the board of trustees are |
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recalled in a single recall election under this subchapter, the |
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board of trustees shall, not later than the 30th day after the date |
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on which the vacancies on the board occur as a result of the recall |
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election, order a special election to be held on a date specified in |
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the order to fill the vacancies. If the board fails to comply with |
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this subsection, the county judge of the county in which the school |
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district is primarily located shall order the special election. |
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The expenses of the special election shall be paid by the district, |
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regardless of whether the election is ordered by the board or the |
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county judge. |
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Sec. 11.459. 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, 2016, but only |
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if the constitutional amendment proposed by H.J.R. 86, 84th |
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Legislature, Regular Session, 2015, is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |