Bill Text: TX HB182 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to censure of a member of a school district board of trustees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-11 - Referred to Public Education [HB182 Detail]
Download: Texas-2015-HB182-Introduced.html
84R1762 KKA-D | ||
By: Dale | H.B. No. 182 |
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relating to censure of a member of a school district board of | ||
trustees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Section 11.180 to read as follows: | ||
Sec. 11.180. CENSURE OF BOARD MEMBER. (a) The board of | ||
trustees of an independent school district may censure a member of | ||
the board only if: | ||
(1) the member is convicted of a felony or | ||
misdemeanor, other than a misdemeanor punishable by fine only, or | ||
is determined by the board to have violated a policy adopted by the | ||
board; and | ||
(2) the board acts in compliance with procedures that | ||
meet the requirements specified by this section. | ||
(b) The procedures followed by the board must include the | ||
following components: | ||
(1) proceedings are conducted in compliance with | ||
Chapter 551, Government Code; | ||
(2) the board member subject to censure is: | ||
(A) provided with written notice in accordance | ||
with Subsection (c) of the basis on which the board proposes to | ||
censure the member; | ||
(B) given the opportunity for a public hearing on | ||
the issues presented in the notice required by Paragraph (A) at | ||
which the member and the board may present and cross-examine | ||
witnesses; | ||
(C) permitted to present and cross-examine | ||
witnesses during a closed meeting, to the extent that deliberation | ||
of an issue presented in the notice required by Paragraph (A) occurs | ||
in a closed meeting authorized by Chapter 551, Government Code; and | ||
(D) permitted to be represented by counsel, | ||
provided that the member bears the cost of the representation, | ||
subject to potential reimbursement of attorney's fees associated | ||
with an appeal to district court, as provided by Subsection (e); and | ||
(3) the decision to censure the member must be adopted | ||
at a regular board meeting by an affirmative vote of two-thirds of | ||
the members of the board in an open meeting. | ||
(c) The board must provide the notice described by | ||
Subsection (b)(2)(A) not later than the date of the regular board | ||
meeting that immediately precedes the regular board meeting at | ||
which the board may vote on whether to censure the member. | ||
(d) A member of the board who is censured may appeal the | ||
censure by trial de novo to the district court of the county in | ||
which the school district's central administrative office is | ||
located. | ||
(e) If an appeal is brought under Subsection (d), the court | ||
shall award court costs and reasonable attorney's fees to the | ||
prevailing party. | ||
SECTION 2. 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 September 1, 2015. |