Bill Text: TX HB143 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a requirement that an election for a member of a board of trustees of an independent school district is partisan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-12 - Filed [HB143 Detail]
Download: Texas-2023-HB143-Introduced.html
| By: Toth | H.B. No. 143 | |
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| 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[ |
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| SECTION 3. Section 11.059, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 11.059. TERMS. (a) A trustee of an independent school | ||
| district serves a term of [ |
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| (b) [ |
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| be held biennially. The terms of one-half of the trustees, or as | ||
| near to one-half as possible, expire every two years. | ||
| (c) [ |
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| specific terms expire. | ||
| SECTION 4. Section 11.065(a), Education Code, is amended to | ||
| read as follows: | ||
| (a) Sections 11.052(g) and (h) [ |
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| (1) the district's central administrative office is | ||
| located in a county with a population of more than two million; and | ||
| (2) the district's student enrollment is more than | ||
| 125,000 and less than 200,000. | ||
| SECTION 5. 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, 2023, change the date on which | ||
| the governing body holds its general election for officers to that | ||
| date. This subsection expires January 1, 2027. | ||
| SECTION 6. 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 [ |
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| 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 7. 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 8. 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 9. 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 one 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 10. 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 11. 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 12. 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 13. 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, [ |
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| judge for a county or precinct office; or | ||
| (2) submit to the secretary of state for a statewide, | ||
| [ |
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| 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 14. 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, [ |
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| or school district office; or | ||
| (2) the county chair, for a county or precinct office. | ||
| SECTION 15. 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 16. Sections 11.054 and 11.065(c), Education Code, | ||
| are repealed. | ||
| SECTION 17. 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 18. This Act takes effect immediately if it | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive the vote necessary for immediate | ||
| effect, this Act takes effect on the 91st day after the last day of | ||
| legislative session. | ||
