Schatzline’s bill making the education commissioner an elected office

The text as introduced · 755 words

89R14640 PRL-D

By: Schatzline
H.B. No. 4185

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. Section 7.051, Education Code, is 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 .

SECTION 2. Subchapter C, Chapter 7, Education Code, is

amended by adding Section 7.0511 to read as follows:

Sec. 7.0511. ELIGIBILITY. A person is not eligible for

election to the office of the commissioner of education if the Texas

Ethics Commission determines that the person has committed an act

in violation of campaign finance laws.

SECTION 3. Section 7.053, Education Code, is amended to

read as follows:

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 4. 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 5. 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 6. Section 665.052, Government Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) In addition to the causes for removal described by

Subsection (a), the commissioner of education may be removed from

office by address for misuse of public resources.

SECTION 7. 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 8. Section 7.054, Education Code, is repealed.

SECTION 9. (a) The first general election for commissioner

of education shall be held November 3, 2026.

(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 the

date on which the first commissioner-elect is to take office 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

immediately before 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 10. This Act takes effect September 1, 2026, except

that Section 665.051, Government Code, and Section 504.401(d),

Transportation Code, as amended by this Act, take effect January 1,

2027.