HBA-RBT H.B. 97 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 97 By: Reyna, Arthur Public Education 2/8/1999 Introduced BACKGROUND AND PURPOSE Current law does not provide for the removal of a member of the board of trustees of a school district during their term. H.B. 97 would allow the voters of any school district to petition to recall a member of the district's board of trustees. It sets out the form, content, and time standards for the petition and election. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 11, Education Code, by adding Subchapter I, as follows: SUBCHAPTER I. RECALL OF MEMBER OF BOARD OF TRUSTEES Sec. 11.401. APPLICATION. Authorizes the recall of a member of a board of trustees of an independent school district. Sec. 11.402. LIMITATIONS ON RECALL. Prohibits a recall petition from being filed before the 91st day after a member's term begins, before the 91st day after a recall election that failed to recall the member, or during the last 90 days of the member's term. Sec. 11.403. VALIDITY OF PETITION. Provides that a recall petition must be filed in a timely manner, must contain the required number of valid signatures, must comply in form and content with this subchapter, and must comply with Chapter 277, Election Code (Petition Prescribed By Law Outside Code). Sec. 11.404. FILING DEADLINE. Provides that a recall petition must be filed no later than the 90th day after the initial date of the petition's circulation. Sec. 11.405. SIGNATURES REQUIRED. Provides that the recall petition must have at least as many signatures as 25 percent of the total number of ballots cast in the last election of trustees in that territory. Provides that a signature is valid if the person signing is a registered voter of the territory where the member is elected, and the signature is signed after the initial date the petition is circulated and before the petition is filed or refiled. Sec. 11.406. FORM AND CONTENT OF PETITION. Authorizes the recall of only one member in a petition. Provides the statement that must be on the top of each page. Provides that the initial date of circulation must be on each page of the petition. Provides that the pages of the petition must be duplicates except for the information and signatures required of signers and circulators. Authorizes multiple parts to the petition. Provides that the signature portion of the petition must contain the affidavit required by Section 11.408. Provides that the statement and the initial date of circulation must appear on the page at the time the petition is signed. Sec. 11.407. METHOD OF ACQUIRING SIGNATURE. Provides that a person circulating a recall petition must point out and read the statement required by Section 11.406 before permitting a person to sign, must witness each signature and confirm the date of signing, and must verify each signer's registration status and registration number entered on the petition. Sec. 11.408. AFFIDAVIT OF CIRCULATOR. Provides that each part of a recall petition must include an affidavit of the person who circulated it stating that the circulator pointed out and read the statement on the petition before the petition was signed, witnessed each signature, verified each signer's registration status, and believes that each signature is genuine and the corresponding information is correct. Provides that the name and address of the circulator and the date of execution of the affidavit must be included in the affidavit. Sec. 11.409. AUTHORITY WITH WHOM PETITION FILED. Provides that a recall petition must be filed with the clerk or secretary of the board of trustees of the school district. Provides that all parts of the petition must be filed on the same date. Sec. 11.410. COVER LETTER. Provides that a recall petition must be accompanied by a cover letter containing the name of the member sought to be recalled; the signature, printed name, business or residence address, and telephone number of between one and three proponents of the recall; the date of filing; and the number of parts of the petition. Sec. 11.411. REVIEW OF PETITION. Requires the authority with whom the recall petition is filed to review the petition to determine its validity as soon as practicable after the filing date. Sec. 11.412. ACTION ON PETITION. Requires the authority with whom the recall petition is filed to order an election on the issue of recalling the member if the petition is valid and timely filed. Requires the authority to reject an invalid or untimely petition and to return the petition with written reasons for the rejection to the proponents of the recall. Authorizes the refiling of a rejected petition within certain time limits. Sec. 11.413. NOTICE TO MEMBER. Requires the authority with whom the recall petition is filed to deliver by registered mail, not later than the fifth day after a determination is made, a written notice of whether the petition is valid and timely to the member sought to be recalled. Provides that the notice must contain the date of the election if a recall election is ordered. Sec. 11.414. ELECTION ORDER; DATE. Requires that a recall election be ordered no later than the fourth day after the determination of the validity and timeliness of the recall petition is made. Requires that the recall election be held on the first authorized uniform election date that is at least 45 days after the election is ordered. Prohibits a recall election if on the date of the election the member being recalled is no longer in office or is a candidate for reelection. Sec. 11.415. FORM OF BALLOT. Requires that the ballot for a recall election allow voting for or against the proposition: "Recalling (member's name) from the board of trustees of the (name of school district)." Sec. 11.416. CONDUCT OF ELECTION. Requires that the recall election be conducted and the results be canvassed, tabulated, and reported in accordance with the procedures prescribed by law for a general election for a member of the board of trustees. Sec. 11.417. VOTE NECESSARY FOR RECALL. Provides that the member is recalled if a majority of the votes received are "for" recall, and that a vacancy occurs in that office on the date of completion of the final canvass of the election. Sec. 11.418. FILLING VACANCY AFTER RECALL. Provides that a vacancy which results from a recall election is filled as provided in Section 11.060 (Vacancies). Sec. 11.419. INELIGIBILITY OF RECALLED MEMBER. Prohibits a member who is recalled from being appointed during the term to fill a vacancy in the office from which the recall is made. Sec. 11.420. INELIGIBILITY OF RESIGNED MEMBER. Prohibits the appointment of a member who resigns on or after the date a recall petition is initially circulated to fill a vacancy during that term in the office from which the recall is demanded. SECTION 2. Effective date: January 1, 2000, only if the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, authorizing recall elections for members of the board of trustees of an independent school district, is approved by the voters. If that amendment is not approved by the voters, this Act has no effect. SECTION 3. Emergency clause.