Bill Text: TX HB182 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to censure of a member of a school district board of trustees.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-02-11 - Referred to Public Education [HB182 Detail]
Download: Texas-2015-HB182-Introduced.html
| 84R1762 KKA-D | ||
| By: Dale | H.B. No. 182 | |
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| relating to censure of a member of a school district board of | ||
| trustees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
| amended by adding Section 11.180 to read as follows: | ||
| Sec. 11.180. CENSURE OF BOARD MEMBER. (a) The board of | ||
| trustees of an independent school district may censure a member of | ||
| the board only if: | ||
| (1) the member is convicted of a felony or | ||
| misdemeanor, other than a misdemeanor punishable by fine only, or | ||
| is determined by the board to have violated a policy adopted by the | ||
| board; and | ||
| (2) the board acts in compliance with procedures that | ||
| meet the requirements specified by this section. | ||
| (b) The procedures followed by the board must include the | ||
| following components: | ||
| (1) proceedings are conducted in compliance with | ||
| Chapter 551, Government Code; | ||
| (2) the board member subject to censure is: | ||
| (A) provided with written notice in accordance | ||
| with Subsection (c) of the basis on which the board proposes to | ||
| censure the member; | ||
| (B) given the opportunity for a public hearing on | ||
| the issues presented in the notice required by Paragraph (A) at | ||
| which the member and the board may present and cross-examine | ||
| witnesses; | ||
| (C) permitted to present and cross-examine | ||
| witnesses during a closed meeting, to the extent that deliberation | ||
| of an issue presented in the notice required by Paragraph (A) occurs | ||
| in a closed meeting authorized by Chapter 551, Government Code; and | ||
| (D) permitted to be represented by counsel, | ||
| provided that the member bears the cost of the representation, | ||
| subject to potential reimbursement of attorney's fees associated | ||
| with an appeal to district court, as provided by Subsection (e); and | ||
| (3) the decision to censure the member must be adopted | ||
| at a regular board meeting by an affirmative vote of two-thirds of | ||
| the members of the board in an open meeting. | ||
| (c) The board must provide the notice described by | ||
| Subsection (b)(2)(A) not later than the date of the regular board | ||
| meeting that immediately precedes the regular board meeting at | ||
| which the board may vote on whether to censure the member. | ||
| (d) A member of the board who is censured may appeal the | ||
| censure by trial de novo to the district court of the county in | ||
| which the school district's central administrative office is | ||
| located. | ||
| (e) If an appeal is brought under Subsection (d), the court | ||
| shall award court costs and reasonable attorney's fees to the | ||
| prevailing party. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2015. | ||
