Bill Text: TX HB3862 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to a recommendation for the removal of a member of the board of trustees of a school district by other members of the board.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-05-05 - Committee report sent to Calendars [HB3862 Detail]

Download: Texas-2021-HB3862-Comm_Sub.html
  87R22147 MWC-F
 
  By: VanDeaver H.B. No. 3862
 
  Substitute the following for H.B. No. 3862:
 
  By:  Dutton C.S.H.B. No. 3862
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a recommendation for the removal of a member of the
  board of trustees of a school district by other members of the
  board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 11, Education Code, is
  amended by adding Section 11.067 to read as follows:
         Sec. 11.067.  RECOMMENDATION FOR REMOVAL OF MEMBER FROM
  BOARD OF TRUSTEES. (a)  The board of trustees of a school district
  may adopt by a three-fourths vote a resolution of censure against a
  member of the board. A member may be censured based on a finding by
  the board that the member:
               (1)  intentionally misused district funds;
               (2)  repeatedly refused to act in accordance with the
  laws, regulations, or policies applicable to the district;
               (3)  intentionally disclosed confidential information
  regarding a student;
               (4)  used the member's office in an attempt to influence
  an employee of the district for the benefit of a student related to
  the member;
               (5)  intentionally failed to complete any training
  required by the State Board of Education or the commissioner;
               (6)  failed to recuse the member's self from a vote on
  or deliberation of a matter in which the member has an identifiable
  conflict of interest; or
               (7)  repeatedly engaged or attempted to engage in a
  duty related to district personnel or students that the board has
  expressly delegated to the district's superintendent.
         (b)  On the adoption of a resolution of censure under
  Subsection (a), the board of trustees shall file a written petition
  for removal of the board member in the district court of the county
  in which the member resides in accordance with Section 87.015,
  Local Government Code.  The board member may be removed from office
  under the procedure provided by Section 87.018, Local Government
  Code.
         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, 2021.
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