HB 4262 — Relating to the recall of members of school district boards of trustees.

Summary

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

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• 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 interest

  amended

Action History

1. April 01, 2025

   Referred to Public Education

2. April 01, 2025

   Read first time

3. March 10, 2025

   Filed

Sponsors

• Vincent Perez · Primary

Subjects