HB 1197

AN ACT relating to a requirement that an election for a member of a board

House Bill Curry
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Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

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Bill filed, pending referral to House committee

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What This Bill Does

This Texas bill changes school board trustee elections to be partisan, requiring candidates to declare their political party affiliation or state they are not affiliated with any party. The legislation mandates that independent school district elections be held on the same date as general state and county elections, effectively aligning these local elections with broader electoral processes. These changes aim to increase transparency and potentially politicize school board races, impacting how candidates run and how voters perceive school board elections.

Subject Areas

Bill Text

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
(a)  An election for trustees of an independent school
district shall be held on the same date as the general election for
[(1)  the election for the members of the governing
body of a municipality located in the school district;
[(2)  the general election for state and county
[(3)  the election for the members of the governing
body of a hospital district, if the school district:
[(A)  is wholly or partly located in a county with
a population of less than 50,000 that is adjacent to a county with a
population of more than three million; and
[(B)  held its election for trustees jointly with
the election for the members of the governing body of the hospital
[(4)  the election for the members of the governing
board of a public junior college district in which the school
district is wholly or partly located].
SECTION 3.  Sections 11.059(a), (b), (c), and (d), Education
Code, are amended to read as follows:
(a)  A trustee of an independent school district serves a
(b)  [Elections for trustees with three-year terms shall be
held annually.  The terms of one-third of the trustees, or as near
to one-third as possible, expire each year.
[(c)]  Elections for trustees [with four-year terms] shall
be held biennially.  The terms of one-half of the trustees, or as
near to one-half as possible, expire every two years.
(c) [(d)]  A board policy must state the schedule on which
SECTION 4.  Section 11.065(a), Education Code, is amended to
(a)  Sections 11.052(g) and (h) [and Sections 11.059(a) and
(b)] do not apply to the board of trustees of a school district if:
(1)  the district's central administrative office is
located in a county with a population of more than 2.5 million; and
(2)  the district's student enrollment is more than
SECTION 5.  Section 41.0052(a-1), Election Code, as added by
Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
(a-1)  Notwithstanding Subsection (a), a municipality [,
independent school district,] or hospital district wholly or partly
located in a county with a population of more than 19,900 and less
than 20,000 that holds its general election for officers on a date
other than the November uniform election date may change the date on
which it holds its general election for officers to the November
SECTION 6.  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, 2025, change the date on which
the governing body holds its general election for officers to that
date.  This subsection expires January 1, 2029.
SECTION 7.  Section 144.001, Election Code, is amended to
Sec. 144.001.  APPLICABILITY OF CHAPTER.  (a)  Except as
provided by Subsection (b), this [This] chapter applies to a
candidate for an office of a political subdivision other than a city
(b)  This chapter does not apply to a candidate for a member
of the board of trustees of an independent school district.
SECTION 8.  Section 172.001, Election Code, is amended to
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 9.  Section 172.002(a), Election Code, is amended to
(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
SECTION 10.  Section 172.024(a), Election Code, is amended
(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
(3)  United States representative   3,125
(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 1.2 million is wholly or partly situated
(9)  district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
(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
(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
(B)  county with a population of under 200,000
(15)  justice of the peace or constable:
(A)  county with a population of 200,000 or more
(B)  county with a population of under 200,000
(17)  member of the board of trustees of an independent
(18)  office of the county government for which this
schedule does not otherwise prescribe a fee   750
SECTION 11.  Section 172.025, Election Code, is amended to
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:
(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:
(ii)  20 percent of that total vote.
SECTION 12.  Section 181.002, Election Code, is amended to
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 13.  Section 181.003, Election Code, is amended to
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
SECTION 14.  Section 181.0311(a), Election Code, is amended
(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, [or] district, or school district office or the county
judge for a county or precinct office; or
(2)  submit to the secretary of state for a statewide,
[or] district, or school district office or the county judge for a
county or precinct office a petition in lieu of a filing fee that
satisfies the requirements prescribed by Subsection (e) and Section
SECTION 15.  Section 181.032(a), Election Code, is amended
(a)  An application for nomination by a convention must be
(1)  the state chair, for a statewide, [or] district,
(2)  the county chair, for a county or precinct office.
SECTION 16.  Sections 181.061(b) and (c), Election Code, are
(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
(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 17.  The following provisions are repealed:
(1)  Section 11.054, Education Code;
(2)  Sections 11.059(e), (f), and (g), Education Code;
(3)  Section 11.065(c), Education Code; and
(4)  Section 41.0052(a-1), Election Code, as added by
Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular
SECTION 18.  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 19.  To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
SECTION 20.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to a requirement that an election for a member of a board