Monitoring the Session

SB 1795

Middleton Bill Makes Voters Fill Every Empty School Board Seat

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Mayes MiddletonRSenate 11

Initial review · graded Oct 19, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the process for filling a vacancy on the board of trustees of an independent school district.

Caption from analyzed text · version I.

Summary

No more appointments. Any district taxpayer can sue the board, immunity waived!

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 district's next general election or at a special election. It touches every independent school district board and the property taxpayers who live in those districts. Seats must be filled by election within roughly 18 months, and any district property taxpayer can sue the board to stop a violation, with damages and attorney's fees and with the district's legal immunity waived.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 2501 (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 (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 3, 2025 and referred to the Senate Education K-16 committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB1795 · 2025-03-03

SOLD BY

Sen. Mayes MiddletonRSenate 11

ITEM

relating to the process for filling a vacancy on the board of trustees of an independent school district.

WHAT IT DOES

No more appointments. Any district taxpayer can sue the board, immunity waived!

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 district's next general election or at a special election. It touches every independent school district board and the property taxpayers who live in those districts. Seats must be filled by election within roughly 18 months, and any district property taxpayer can sue the board to stop a violation, with damages and attorney's fees and with the district's legal immunity waived.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Education K-16
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“If the person prevails in the action, the person may recover damages, reasonable attorney's fees, and court costs.”

Bill text, introduced version (I)

The bill creates a taxpayer lawsuit against school boards with damages and fee-shifting, and waives governmental immunity for it.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Mayes Middleton

Donors

Texans for Lawsuit Reform PAC$1.14MRussell Gordy$300,000Kenneth Fisher$215,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 6, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$1,140,000.00

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009502, 101012383, 101061137, 101072395, 101072779.

Russell Gordy$300,000.00
Kenneth Fisher$215,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 12, 2024 to Oct 21, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101009502, 101012383, 101061137, 101072395, 101072779.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 19, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 2501

by Sen. Middleton, same lead author · Died in committee · same text

Introduced text

Last action, Mar 23, 2023: Referred to Education

Relating to the process for filling a vacancy on the board of trustees of an independent school district.

Caption, 88R bill history

Sources

Texas Senate · Filed Mar 3, 2025

03/13/2025 S Referred to Education K-16

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Education K-16 · Final status: Died in committee

Companion

HB 4241 by Holt (identical)

HB 4551 by Harrison (identical)

Subjects

Civil Remedies & Liabilities

Education--Primary & Secondary--General

Education--School Districts

Elections--School District

Text

The text as introduced · 315 words

89R588 TSS-F

By: Middleton
S.B. No. 1795

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.