88R13716 MLH-F
 
  By: Middleton S.B. No. 2501
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the process for filling a vacancy on the board of
  trustees of an independent school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.060, Education Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (e)
  and (f) to read as follows:
         (a)  If a vacancy occurs on the board of trustees of an
  independent school district, the remaining trustees may not fill
  the vacancy by appointment [until the next trustee election]. The
  board shall fill the vacancy at the district's next general
  election or as provided by Subsection (c).
         (c)  Instead of filling a vacancy [by appointment] under
  Subsection (a) or (b), the board or municipal governing body may
  hold [order] a special election to fill the vacancy.  A special
  election is conducted in the same manner as the district's general
  election except as provided by the Election Code.
         (d)  A [If more than one year remains in the term of the
  position vacated, the] vacancy shall be filled under this section
  not later than the last [180th] day of the 18th month after the date
  the vacancy occurs.
         (e)  A person who owns property subject to ad valorem
  taxation by the school district may bring an action against the
  board of trustees of an independent school district to enjoin a
  violation of this section. If the person prevails in the action,
  the person may recover damages, reasonable attorney's fees, and
  court costs. A person may not be required to complete an
  administrative grievance process before bringing suit under this
  subsection.
         (f)  Governmental immunity from suit is waived and abolished
  to the extent of liability created by this section.
         SECTION 2.  This Act takes effect September 1, 2023.