Partisan School Board Bill Also Moves Every Race To November

The text as introduced · 1,898 words

By: Curry
H.B. No. 1197

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that an election for a member of a board

of trustees of an independent school district is partisan.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.055, Education Code, is amended by

adding Subsection (c) to read as follows:

(c) An application filed under this section must state the

political party with which the candidate is aligned or, if the

candidate is not aligned with a party, state that fact.

SECTION 2. Section 11.0581(a), Education Code, is amended

to read as follows:

(a) An election for trustees of an independent school

district shall be held on the same date as the general election for

state and county officers [ :

[ (1) the election for the members of the governing

body of a municipality located in the school district;

[ (2) the general election for state and county

officers;

[ (3) the election for the members of the governing

body of a hospital district, if the school district:

[ (A) is wholly or partly located in a county with

a population of less than 50,000 that is adjacent to a county with a

population of more than three million; and

[ (B) held its election for trustees jointly with

the election for the members of the governing body of the hospital

district before May 2007; or

[ (4) the election for the members of the governing

board of a public junior college district in which the school

district is wholly or partly located ].

SECTION 3. Sections 11.059(a), (b), (c), and (d), Education

Code, are amended to read as follows:

(a) A trustee of an independent school district serves a

term of [ three or ] four years.

(b) [ Elections for trustees with three-year terms shall be

held annually. The terms of one-third of the trustees, or as near

to one-third as possible, expire each year.

[ (c) ] Elections for trustees [ with four-year terms ] shall

be held biennially. The terms of one-half of the trustees, or as

near to one-half as possible, expire every two years.

(c) [ (d) ] A board policy must state the schedule on which

specific terms expire.

SECTION 4. Section 11.065(a), Education Code, is amended to

read as follows:

(a) Sections 11.052(g) and (h) [ and Sections 11.059(a) and

(b) ] do not apply to the board of trustees of a school district if:

(1) the district's central administrative office is

located in a county with a population of more than 2.5 million; and

(2) the district's student enrollment is more than

125,000 and less than 200,000.

SECTION 5. Section 41.0052(a-1), Election Code, as added by

Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular

Session, 2023, is amended to read as follows:

(a-1) Notwithstanding Subsection (a), a municipality [ ,

independent school district, ] or hospital district wholly or partly

located in a county with a population of more than 19,900 and less

than 20,000 that holds its general election for officers on a date

other than the November uniform election date may change the date on

which it holds its general election for officers to the November

uniform election date.

SECTION 6. Section 41.0052, Election Code, is amended by

adding Subsection (a-2) to read as follows:

(a-2) The governing body of an independent school district

that holds its general election for officers on a date other than

the date of the general election for state and county officers

shall, not later than December 31, 2025, change the date on which

the governing body holds its general election for officers to that

date. This subsection expires January 1, 2029.

SECTION 7. Section 144.001, Election Code, is amended to

read as follows:

Sec. 144.001. APPLICABILITY OF CHAPTER. (a) Except as

provided by Subsection (b), this [ This ] chapter applies to a

candidate for an office of a political subdivision other than a city

or county.

(b) This chapter does not apply to a candidate for a member

of the board of trustees of an independent school district.

SECTION 8. Section 172.001, Election Code, is amended to

read as follows:

Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.

Except as otherwise provided by this code, a political party's

nominees in the general election for members of the board of

trustees of an independent school district, offices of state and

county government , and offices of the United States Congress must

be nominated by primary election, held as provided by this code, if

the party's nominee for governor in the most recent gubernatorial

general election received 20 percent or more of the total number of

votes received by all candidates for governor in the election.

SECTION 9. Section 172.002(a), Election Code, is amended to

read as follows:

(a) Except as otherwise provided by this code, a political

party's nominees in the general election for members of the board of

trustees of an independent school district, offices of state and

county government , and offices of the United States Congress may be

nominated by primary election, held as provided by this code, if the

party's nominee for governor in the most recent gubernatorial

general election received at least two percent but less than 20

percent of the total number of votes received by all candidates for

governor in the election.

SECTION 10. Section 172.024(a), Election Code, is amended

to read as follows:

(a) The filing fee for a candidate for nomination in the

general primary election is as follows:

(1) United States senator $5,000

(2) office elected statewide, except United States

senator 3,750

(3) United States representative 3,125

(4) state senator 1,250

(5) state representative 750

(6) member, State Board of Education 300

(7) chief justice or justice, court of appeals, other

than a justice specified by Subdivision (8) 1,875

(8) chief justice or justice of a court of appeals that

serves a court of appeals district in which a county with a

population of more than 1.2 million is wholly or partly situated

2,500

(9) district judge or judge specified by Section

52.092(d) for which this schedule does not otherwise prescribe a

fee 1,500

(10) district or criminal district judge of a court in

a judicial district wholly contained in a county with a population

of more than 1.5 million 2,500

(11) judge, statutory county court, other than a judge

specified by Subdivision (12) 1,500

(12) judge of a statutory county court in a county with

a population of more than 1.5 million 2,500

(13) district attorney, criminal district attorney,

or county attorney performing the duties of a district attorney

1,250

(14) county commissioner, district clerk, county

clerk, sheriff, county tax assessor-collector, county treasurer,

or judge, constitutional county court:

(A) county with a population of 200,000 or more

1,250

(B) county with a population of under 200,000

750

(15) justice of the peace or constable:

(A) county with a population of 200,000 or more

1,000

(B) county with a population of under 200,000

375

(16) county surveyor 75

(17) member of the board of trustees of an independent

school district 75

(18) office of the county government for which this

schedule does not otherwise prescribe a fee 750

SECTION 11. Section 172.025, Election Code, is amended to

read as follows:

Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 172.021(b) is:

(1) 5,000, for a statewide office; or

(2) for a district, county, independent school

district, or precinct office, the lesser of:

(A) 500; or

(B) two percent of the total vote received in the

district, county, school district, or precinct, as applicable, by

all the candidates for governor in the most recent gubernatorial

general election, unless that number is under 50, in which case the

required number of signatures is the lesser of:

(i) 50; or

(ii) 20 percent of that total vote.

SECTION 12. Section 181.002, Election Code, is amended to

read as follows:

Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A

political party may make nominations for the general election for

state and county officers and members of the board of trustees of an

independent school district by convention, as provided by this

chapter, if the party is authorized by Section 172.002 to make

nominations by primary election.

SECTION 13. Section 181.003, Election Code, is amended to

read as follows:

Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A

political party must make nominations for the general election for

state and county officers and members of the board of trustees of an

independent school district by convention, as provided by this

chapter, if the party is not required or authorized to nominate by

primary election.

SECTION 14. Section 181.0311(a), Election Code, is amended

to read as follows:

(a) In addition to any other requirements, to be considered

for nomination by convention, a candidate must:

(1) pay a filing fee to the secretary of state for a

statewide , [ or ] district , or school district office or the county

judge for a county or precinct office; or

(2) submit to the secretary of state for a statewide ,

[ or ] district , or school district office or the county judge for a

county or precinct office a petition in lieu of a filing fee that

satisfies the requirements prescribed by Subsection (e) and Section

141.062.

SECTION 15. Section 181.032(a), Election Code, is amended

to read as follows:

(a) An application for nomination by a convention must be

filed with:

(1) the state chair, for a statewide , [ or ] district ,

or school district office; or

(2) the county chair, for a county or precinct office.

SECTION 16. Sections 181.061(b) and (c), Election Code, are

amended to read as follows:

(b) A party nominating by convention must make its

nominations for offices of districts and school districts situated

in more than one county at district conventions held on the second

Saturday after the second Tuesday in March. A district convention

consists of delegates selected at the county conventions held under

Subsection (c).

(c) A party nominating by convention must make its

nominations for county and precinct offices and for offices of

districts and school districts not situated in more than one county

at county conventions held on the first Saturday after the second

Tuesday in March. A county convention consists of delegates

selected at precinct conventions held on the second Tuesday in

March in the regular county election precincts.

SECTION 17. The following provisions are repealed:

(1) Section 11.054, Education Code;

(2) Sections 11.059(e), (f), and (g), Education Code;

(3) Section 11.065(c), Education Code; and

(4) Section 41.0052(a-1), Election Code, as added by

Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular

Session, 2023.

SECTION 18. The change in law made by this Act applies only

to an election ordered on or after the effective date of this Act.

An election ordered before the effective date of this Act is

governed by the law in effect when the election was ordered, and the

former law is continued in effect for that purpose.

SECTION 19. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 20. This Act takes effect September 1, 2025.