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

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-01 - Referred to Public Education [HB613 Detail]

Download: Texas-2021-HB613-Introduced.html

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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.