Vacancies go to an election by the 18th month. Taxpayers can sue, immunity waived.
The bill bars Texas school boards from filling a vacant trustee seat by appointment and requires the seat to be filled at the district's next general election or at a special election. It reaches every independent school district board and the property owners who pay that district's taxes. Any vacancy must be filled by the last day of the 18th month after it opens, and a district property-tax payer can sue the board over a violation and recover damages, attorney's fees, and court costs, because the board's immunity from suit is waived.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 2501 by Sen. Middleton (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 2501 by Sen. Middleton (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Mar 10, 2025 and referred to the House Public Education committee. No public hearing. The bill died.
relating to the process for filling a vacancy on the board of
trustees of an independent school district.
WHAT IT DOES
Vacancies go to an election by the 18th month. Taxpayers can sue, immunity waived.
The bill bars Texas school boards from filling a vacant trustee seat by appointment and requires the seat to be filled at the district's next general election or at a special election. It reaches every independent school district board and the property owners who pay that district's taxes. Any vacancy must be filled by the last day of the 18th month after it opens, and a district property-tax payer can sue the board over a violation and recover damages, attorney's fees, and court costs, because the board's immunity from suit is waived.
The bill lets district property owners sue school boards for damages and attorney's fees, without first going through a grievance process, when a board breaks the vacancy rules.
89R588 TSS-F
By: Holt
H.B. No. 4241
A BILL TO BE ENTITLED
AN ACT
relating to the process for filling a vacancy on the board of
trustees of an independent school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.060, Education Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsections (e)
and (f) to read as follows:
(a) If a vacancy occurs on the board of trustees of an
independent school district, the remaining trustees may not fill
the vacancy by appointment [ until the next trustee election ]. The
board shall fill the vacancy at the district's next general
election or as provided by Subsection (c).
(c) Instead of filling a vacancy [ by appointment ] under
Subsection (a) or (b), the board or municipal governing body may
hold [ order ] a special election to fill the vacancy. A special
election is conducted in the same manner as the district's general
election except as provided by the Election Code.
(d) A [ If more than one year remains in the term of the
position vacated, the ] vacancy shall be filled under this section
not later than the last [ 180th ] day of the 18th month after the date
the vacancy occurs.
(e) A person who owns property subject to ad valorem
taxation by the school district may bring an action against the
board of trustees of an independent school district to enjoin a
violation of this section. If the person prevails in the action,
the person may recover damages, reasonable attorney's fees, and
court costs. A person may not be required to complete an
administrative grievance process before bringing suit under this
subsection.
(f) Governmental immunity from suit is waived and abolished
to the extent of liability created by this section.
SECTION 2. This Act takes effect September 1, 2025.