Bill Text: TX HB613 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the election of the commissioner of education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-20 - Filed [HB613 Detail]

Download: Texas-2021-HB613-Introduced.html
  87R2514 TSS-D
 
  By: Hinojosa H.B. No. 613
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the election of the commissioner of education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 7.051, 7.052, and 7.053, Education
  Code, are amended to read as follows:
         Sec. 7.051.  ELECTION [SELECTION] OF [THE] COMMISSIONER.
  The [governor, with the advice and consent of the senate, shall
  appoint the] commissioner of education is elected by the qualified
  voters at the general election for state and county officers.
         Sec. 7.052.  TERM OF OFFICE. The commissioner serves a term
  of office of four years [commensurate with the term of the
  governor].
         Sec. 7.053.  VACANCY [REMOVAL FROM OFFICE]. The governor
  shall fill a vacancy in the office of [, with the advice and consent
  of the senate, may remove] the commissioner by appointment until
  the next general election for state and county officers [from
  office as provided by Section 9, Article XV, Texas Constitution].
         SECTION 2.  Section 52.092(c), Election Code, is amended to
  read as follows:
         (c)  Statewide offices of the state government shall be
  listed in the following order:
               (1)  governor;
               (2)  lieutenant governor;
               (3)  attorney general;
               (4)  comptroller of public accounts;
               (5)  commissioner of the General Land Office;
               (6)  commissioner of agriculture;
               (7)  commissioner of education;
               (8)  railroad commissioner;
               (9) [(8)]  chief justice, supreme court;
               (10) [(9)]  justice, supreme court;
               (11) [(10)]  presiding judge, court of criminal
  appeals;
               (12) [(11)]  judge, court of criminal appeals.
         SECTION 3.  Section 665.051, Government Code, is amended to
  read as follows:
         Sec. 665.051.  INDIVIDUALS SUBJECT TO REMOVAL. Only the
  following individuals are subject to removal from office by address
  under this subchapter:
               (1)  a justice of the supreme court;
               (2)  a judge of the court of criminal appeals;
               (3)  a justice of a court of appeals;
               (4)  a judge of a district court;
               (5)  a judge of a criminal district court;
               (6)  the commissioner of agriculture;
               (7)  the commissioner of insurance; [and]
               (8)  the commissioner of education; and
               (9)  the banking commissioner.
         SECTION 4.  Section 504.401(d), Transportation Code, is
  amended to read as follows:
         (d)  In this section, "state official" means:
               (1)  a member of the legislature;
               (2)  the governor;
               (3)  the lieutenant governor;
               (4)  a justice of the supreme court;
               (5)  a judge of the court of criminal appeals;
               (6)  the attorney general;
               (7)  the commissioner of the General Land Office;
               (8)  the comptroller;
               (9)  a member of the Railroad Commission of Texas;
               (10)  the commissioner of agriculture;
               (11)  the secretary of state; [or]
               (12)  the commissioner of education; or
               (13)  a member of the State Board of Education.
         SECTION 5.  Section 7.054, Education Code, is repealed.
         SECTION 6.  (a) The first general election for commissioner
  of education shall be held November 8, 2022, for a four-year term
  beginning on January 1, 2023.
         (b)  Until the first commissioner of education elected under
  this Act takes office, the commissioner serving on the effective
  date of this Act shall, unless otherwise removed as provided by law,
  continue in office under the prior law that governed the office, and
  that prior law is continued in effect for that purpose. If on
  January 1, 2023, there is a vacancy in the office of commissioner of
  education created under this Act because the first
  commissioner-elect has died or refuses or is permanently unable to
  serve, the commissioner serving on that date shall, unless
  otherwise removed as provided by law, continue in office under the
  prior law that governed the office until the governor fills the
  vacancy by appointment in the manner provided by law. The prior law
  that governed the office of the commissioner of education is
  continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2022, except
  that Section 665.051, Government Code, and Section 504.401(d),
  Transportation Code, as amended by this Act, take effect January 1,
  2023.
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