HB4262 - Relating to the recall of members of school district boards of trustees.

  89R15280 AMF-D     By: Perez of El Paso H.B. No. 4262       A BILL TO BE ENTITLED   AN ACT   relating to the recall of members of school district boards of   trustees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 11, Education Code, is amended by adding   Subchapter I to read as follows:   SUBCHAPTER I. RECALL OF MEMBERS OF BOARDS OF TRUSTEES           Sec.   11.401.     DEFINITION. In this subchapter, "recall   election" means an election conducted under this subchapter to   recall a member of a school district board of trustees.           Sec.   11.402.     GROUNDS FOR RECALL. (a) A member of a school   district board of trustees may be recalled from office for:                 (1)     an act of malfeasance or misconduct while in   office;                 (2)  a violation of the trustee's oath of office;                 (3)  failure to perform duties prescribed by law;                 (4)     wilful misuse, conversion, or misappropriation,   without authority, of public property or public funds entrusted to   or associated with the office of trustee; or                 (5)     missing three or more consecutive meetings of the   board.           (b)     A member of a school district board of trustees may not   be recalled on the basis of the trustee's discretionary performance   of a lawful act or prescribed duty.           Sec.   11.403.     ORDERING ELECTION. Except as otherwise   provided by this subchapter, the board of trustees of a school   district shall order a recall election for a trustee if the board is   presented with a petition that:                 (1)  meets the requirements of Section 11.404; and                 (2)  is certified as valid under Section 11.407.           Sec.   11.404.     PETITION. (a) A petition for a recall   election must have, preceding the space reserved for signatures on   each page:                 (1)     a statement substantially as follows: "This   petition is to require that an election be held in (name of school   district) on the recall of trustee (name of trustee)."; and                 (2)     a brief description of the grounds under Section   11.402 on which the petition is based.           (b)  A petition may not name more than one trustee.           (c)     To be considered valid under Section 11.407, a petition   must be signed by a number of registered voters residing in the   school district equal to or greater than 20 percent of the number of   votes cast in the most recent general election for trustees in the   district.           (d)     Each person signing a petition must enter beside the   person's signature the date the person signs the petition. A   signature may not be counted if the date of signature is earlier   than:                 (1)     the 180th day after the date the trustee's current   term began; or                 (2)     the 90th day before the date the petition is   submitted to the board of trustees.           (e)     Each person signing a petition must provide the person's   current voter registration number, printed name, and residential   address, including zip code.           Sec.   11.405.     ACTION ON PETITION. (a) Not later than the   fifth day after the date a petition for a recall election is   received in the office of the board of trustees, the board shall   submit the petition to the secretary of the board. If the petition   is to require a recall election for the trustee who serves as   secretary, the board shall appoint an acting secretary to perform   the secretary's duties under this subchapter.           (b)     Not later than the fifth day after the date the petition   is submitted to the secretary, the secretary shall:                 (1)     begin the process of determining whether the   petition is signed by the required number of registered voters in   the school district as provided by Section 11.404(c); and                 (2)     file an application with a district court in the   county in which the school district is primarily located requesting   a hearing and determination under Section 11.406.           (c)     The board of trustees or secretary of the board is not   required to take action in accordance with this section if the   trustee named in the petition resigns the office of trustee.           Sec.   11.406.     COURT HEARING REGARDING GROUNDS FOR RECALL.   (a) A district court that receives an application under Section   11.405(b)(2) shall conduct a hearing to determine if sufficient   facts exist to support the allegations regarding the grounds under   Section 11.402 on which the petition is based.           (b)     The court must conduct the hearing not later than the   10th day after the date the court receives the application.           (c)     The court shall give notice of the hearing to the   trustee named in the petition and other interested parties.           (d)     After conducting the hearing, the court shall determine   if sufficient facts exist to support the allegations regarding the   grounds under Section 11.402 on which the petition is based and   inform the secretary of the board of trustees of the court's   determination. If the court does not find that sufficient facts   exist, the recall process terminates and no further action may be   taken as a result of the petition.           (e)     The district court is not required to conduct a hearing   and make the determination required by this section if the trustee   named in the petition resigns the office of trustee, and the court   may cancel a hearing scheduled to begin after the date of   resignation or discontinue a hearing in progress on the date of   resignation, as applicable.           Sec.   11.407.     CERTIFICATION OF PETITION VALIDITY OR   INVALIDITY. If the court determines under Section 11.406 that   sufficient facts exist and the recall process may proceed, the   secretary of the board of trustees, not later than the 15th day   after the date the secretary receives notice of the court's   determination, shall certify in writing to the board of trustees   whether the petition is valid or invalid, based on the secretary's   review of the signatures on the petition. If the secretary   determines the petition is invalid, the secretary shall state each   reason for that determination.           Sec.   11.408.     DATE OF ELECTION; ORDER. (a) If the secretary   certifies that a petition is valid, the board of trustees shall, not   later than the 30th day after the date of certification, order that   an election be held in the school district on the first Saturday   after the 62nd day following the date the board orders the election.     Section 41.001(a), Election Code, does not apply to an election   ordered under this subchapter.           (b)     If the term of the trustee named in the petition expires   before the first anniversary of the date the secretary certifies   the petition is valid, the board may not order the election.           (c)     The board shall state in the order the issue to be voted   on at the election.           (d)     The board of trustees is not required under Subsection   (a) to order an election if the trustee named in the petition   resigns the office of trustee. If the trustee resigns after the   board orders the election but before the election is held, the board   may cancel the election.           Sec.   11.409.     BALLOT PROPOSITION. The ballot in a recall   election must be printed to provide for voting for or against the   proposition: "Recalling (name of school district) trustee (name of   trustee)."           Sec.   11.410.     RESULTS OF ELECTION; VACANCY. (a) If the   majority of votes received in a recall election are for the recall   of the trustee, the office held by the trustee becomes vacant   immediately on the canvassing of the votes. The vacancy shall be   filled as provided by Section 11.060, except as provided by   Subsection (c).           (b)     Notwithstanding Subsection (a), a trustee recalled   under this subchapter continues to serve in accordance with Section   17, Article XVI, Texas Constitution, until the trustee's successor   qualifies for the office of trustee.           (c)     If a majority of the members of the board of trustees are   recalled in a single recall election under this subchapter, the   board of trustees shall, not later than the 30th day after the date   on which the vacancies on the board occur as a result of the recall   election, order a special election to be held on a date specified in   the order to fill the vacancies. If the board fails to comply with   this subsection, the county judge of the county in which the school   district is primarily located shall order the special election.   The expenses of the special election shall be paid by the district,   regardless of whether the election is ordered by the board or the   county judge.           Sec.   11.411.     MULTIPLE RECALL ATTEMPTS PROHIBITED. The   board of trustees may not order a recall election for a trustee who   has been the subject of a previous recall election during the   trustee's current term.          SECTION 2.  This Act takes effect January 1, 2026, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, authorizing elections for the recall of a   member of the board of trustees of an independent school district is   approved by the voters.  If that amendment is not approved by the   voters, this Act has no effect.