89R14640 PRL-D

By: Schatzline H.B. No. 4185

A BILL TO BE ENTITLED

AN ACT

relating to the election of the commissioner of education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.051, Education Code, is amended to read as follows:

Sec. 7.051. ELECTION [SELECTION] OF [THE] COMMISSIONER. The [governor, with the advice and consent of the senate, shall appoint the] commissioner of education is elected by the qualified voters at the general election for state and county officers.

SECTION 2. Subchapter C, Chapter 7, Education Code, is amended by adding Section 7.0511 to read as follows:

Sec. 7.0511. ELIGIBILITY. A person is not eligible for election to the office of the commissioner of education if the Texas Ethics Commission determines that the person has committed an act in violation of campaign finance laws.

SECTION 3. Section 7.053, Education Code, is amended to read as follows:

Sec. 7.053. VACANCY [REMOVAL FROM OFFICE]. The governor shall fill a vacancy in the office of [, with the advice and consent of the senate, may remove] the commissioner by appointment until the next general election for state and county officers [from office as provided by Section 9, Article XV, Texas Constitution].

SECTION 4. Section 52.092(c), Election Code, is amended to read as follows:

(c) Statewide offices of the state government shall be listed in the following order:

(1) governor;

(2) lieutenant governor;

(3) attorney general;

(4) comptroller of public accounts;

(5) commissioner of the General Land Office;

(6) commissioner of agriculture;

(7) commissioner of education;

(8) railroad commissioner;

(9) [(8)] chief justice, supreme court;

(10) [(9)] justice, supreme court;

(11) [(10)] presiding judge, court of criminal appeals;

(12) [(11)] judge, court of criminal appeals.

SECTION 5. Section 665.051, Government Code, is amended to read as follows:

Sec. 665.051. INDIVIDUALS SUBJECT TO REMOVAL. Only the following individuals are subject to removal from office by address under this subchapter:

(1) a justice of the supreme court;

(2) a judge of the court of criminal appeals;

(3) a justice of a court of appeals;

(4) a judge of a district court;

(5) a judge of a criminal district court;

(6) the commissioner of agriculture;

(7) the commissioner of insurance; [and]

(8) the commissioner of education; and

(9) the banking commissioner.

SECTION 6. Section 665.052, Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) In addition to the causes for removal described by Subsection (a), the commissioner of education may be removed from office by address for misuse of public resources.

SECTION 7. Section 504.401(d), Transportation Code, is amended to read as follows:

(d) In this section, "state official" means:

(1) a member of the legislature;

(2) the governor;

(3) the lieutenant governor;

(4) a justice of the supreme court;

(5) a judge of the court of criminal appeals;

(6) the attorney general;

(7) the commissioner of the General Land Office;

(8) the comptroller;

(9) a member of the Railroad Commission of Texas;

(10) the commissioner of agriculture;

(11) the secretary of state; [or]

(12) the commissioner of education; or

(13) a member of the State Board of Education.

SECTION 8. Section 7.054, Education Code, is repealed.

SECTION 9. (a) The first general election for commissioner of education shall be held November 3, 2026.

(b) Until the first commissioner of education elected under this Act takes office, the commissioner serving on the effective date of this Act shall, unless otherwise removed as provided by law, continue in office under the prior law that governed the office, and that prior law is continued in effect for that purpose. If on the date on which the first commissioner-elect is to take office there is a vacancy in the office of commissioner of education created under this Act because the first commissioner-elect has died or refuses or is permanently unable to serve, the commissioner serving immediately before that date shall, unless otherwise removed as provided by law, continue in office under the prior law that governed the office until the governor fills the vacancy by appointment in the manner provided by law. The prior law that governed the office of the commissioner of education is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2026, except that Section 665.051, Government Code, and Section 504.401(d), Transportation Code, as amended by this Act, take effect January 1, 2027.