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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for filling a vacancy on the board of |
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trustees of an independent school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.060, Education Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsections (e) |
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and (f) to read as follows: |
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(a) If a vacancy occurs on the board of trustees of an |
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independent school district, the remaining trustees may not fill |
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the vacancy by appointment [until the next trustee election]. The |
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board shall fill the vacancy at the district's next general |
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election or as provided by Subsection (c). |
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(c) Instead of filling a vacancy [by appointment] under |
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Subsection (a) or (b), the board or municipal governing body may |
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hold [order] a special election to fill the vacancy. A special |
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election is conducted in the same manner as the district's general |
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election except as provided by the Election Code. |
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(d) A [If more than one year remains in the term of the |
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position vacated, the] vacancy shall be filled under this section |
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not later than the last [180th] day of the 18th month after the date |
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the vacancy occurs. |
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(e) A person who owns property subject to ad valorem |
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taxation by the school district may bring an action against the |
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board of trustees of an independent school district to enjoin a |
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violation of this section. If the person prevails in the action, |
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the person may recover damages, reasonable attorney's fees, and |
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court costs. A person may not be required to complete an |
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administrative grievance process before bringing suit under this |
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subsection. |
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(f) Governmental immunity from suit is waived and abolished |
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to the extent of liability created by this section. |
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SECTION 2. This Act takes effect September 1, 2023. |