HB4185 - Relating to the election of the commissioner of education.

  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.