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 - Dead) 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 |
|
||
|
||
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. |