This bill bars Texas school boards from appointing someone to fill an empty trustee seat and requires the seat to be filled by voters at the next general election or at a special election. It applies to every independent school district board and to property owners who pay school taxes in those districts. Vacancies must be filled within 18 months, and a district property taxpayer can sue a board that breaks these rules for an injunction, damages, attorney's fees and court costs, with the district's immunity from suit 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 12, 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
Empty trustee seats go to voters, not the board.
This bill bars Texas school boards from appointing someone to fill an empty trustee seat and requires the seat to be filled by voters at the next general election or at a special election. It applies to every independent school district board and to property owners who pay school taxes in those districts. Vacancies must be filled within 18 months, and a district property taxpayer can sue a board that breaks these rules for an injunction, damages, attorney's fees and court costs, with the district's immunity from suit waived.
89R588 TSS-F
By: Harrison
H.B. No. 4551
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.