Relating to the authority of an independent school district to change the date of the general election for officers.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Independent School District Boards of Trustees • Texas Secretary of State (Elections Division)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Immediate effect).
Compliance Deadline: Voluntary adoption. ISDs exercising this authority must adopt a resolution no later than December 31, 2030.
Agency Rulemaking: No state-level rulemaking required. However, local Boards of Trustees must draft and adopt specific transition plans.
Immediate Action Plan
1.ISD Legal Counsel: Draft a template Resolution and Transition Plan immediately for Board consideration; verify incumbent term expiration dates to calculate necessary extensions.
2.ISD Administrators: Initiate contact with County Election Departments to assess logistical capacity for adding the district to the November ballot.
3.Vendors/Contractors: Review your sales pipeline. If a target district shifts to November elections, accelerate contract closings to Q3 to avoid the Q4 election slowdown.
4.Compliance Officers: Update internal governance calendars to reflect the new expiration date of the authority (Dec 31, 2030) to ensure future boards do not attempt to use this statute after it sunsets.
Operational Changes Required
Contracts
Joint Election Agreements: ISDs moving to November must renegotiate Joint Election Agreements with County Election Administrators to share ballot space and costs with state/federal elections.
Vendor Procurement Cycles: Vendors serving ISDs must audit client governance calendars. A shift from May to November elections moves the "quiet period"—where boards delay major contract approvals due to election uncertainty—from Q2 to Q4.
Hiring/Training
Trustee Onboarding: Governance teams must adjust orientation schedules. Newly elected trustees in November cycles will typically take office in December or January, rather than May or June.
Reporting & Record-Keeping
The Resolution: Boards must draft a formal resolution that explicitly states the new term length (3 or 4 years) and the new election date.
Transition Plan: A written plan detailing the staggering of terms is mandatory. This document serves as the legal basis for extending incumbent terms to bridge the gap between the old and new election dates.
Fees & Costs
Election Costs: Moving to November generally reduces standalone election costs for ISDs via cost-sharing with counties.
Legal Fees: Budget for legal counsel to draft the transition resolution to ensure compliance with the Texas Election Code and avoid "at-large" vs. "single-member" litigation risks.
Strategic Ambiguities & Considerations
County Resource Capacity: While the law authorizes ISDs to move dates, it does not mandate County Election Administrators to prioritize ISD ballots if voting machine capacity is exceeded during high-turnout general elections.
Transition Mechanics: The statute grants broad discretion on the "manner of transition." If the resolution fails to clearly define which specific places/seats are extended, the district faces litigation risks regarding the legitimacy of sitting trustees during the gap period.
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The bill author has informed the committee that for certain independent school districts, trustees serve three-year terms with elections held in May but not annually, which violates a state statute requiring elections for trustees with three-year terms to be held annually. The bill author has also informed the committee that while some districts have attempted a shift to annual elections to satisfy this requirement, there is a conflict because they are also required to hold the trustee election on the same date as the election for members of the governing body of a municipality located in the district, but the municipality does not hold elections annually. C.S.H.B. 3546 seeks to address this issue, conserve financial resources, and encourage higher voter turnout by authorizing an independent school district to make certain changes regarding the length of the terms of its trustees and the date on which it holds its general election for officers.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 3546 amends the Education Code to authorize the board of trustees of an independent school district (ISD), not later than December 31, 2030, to adopt a resolution changing the length of the terms of its trustees until the date the November election is canvassed. The bill requires the resolution to provide for staggered terms of either three or four years and to specify the manner in which the transition from the length of the former term to the modified term is made. The transition must begin with the first regular election for trustees that occurs after the board adopts the resolution, and a trustee who serves on the date the resolution is adopted serves the remainder of that term. These provisions expire on January 1, 2036.
C.S.H.B. 3546 repeals provisions relating to the applicability and expiration of a previously established authorization for certain ISD boards to adopt a resolution changing the length of trustee terms for which the deadline to do so has passed.
C.S.H.B. 3546 amends the Election Code to make the authority of certain ISDs to change the date on which they hold their general election for officers to the November uniform election date applicable to the governing body of any ISD. The bill repeals the provision establishing that this authority expires on January 1, 2029, with respect to the governing body of an ISD located in a county that borders the United Mexican States and that has a population of at least 450,000 and not more than 870,000.
C.S.H.B. 3546 prevails, to the extent of any conflict, over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
C.S.H.B. 3546 repeals the following provisions:
·Sections 11.059(f) and (g), Education Code; and
·Section 41.0052(a-1), Election Code, as added by Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular Session, 2023.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3546 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes provisions absent from the introduced that do the following:
·establish a temporary authorization for the board of trustees of an ISD to adopt a certain resolution changing the length of the terms of its trustees until the date the November election is canvassed; and
·repeal provisions relating to the applicability and expiration of a previously established authorization for certain ISD boards to adopt a resolution changing the length of trustee terms for which the deadline to do so has passed.
Honorable Brad Buckley, Chair, House Committee on Public Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3546 by Martinez (Relating to the authority of an independent school district to change the date of the general election for officers.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
701 Texas Education Agency
LBB Staff:
JMc, JPE, BC, CWi
Related Legislation
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HB3546 immediately restores the statutory authority for Independent School Districts (ISDs) to move general elections to the November uniform election date and restructure trustee terms to three or four years. This legislation impacts procurement cycles for vendors by shifting political "lame duck" periods from Spring to Autumn and extends the window for governance restructuring through December 31, 2030. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect).
Q
Who authored HB3546?
HB3546 was authored by Texas Representative Armando Martinez during the Regular Session.
Q
When was HB3546 signed into law?
HB3546 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB3546?
HB3546 is enforced by Independent School District Boards of Trustees and Texas Secretary of State (Elections Division).
Q
How urgent is compliance with HB3546?
The compliance urgency for HB3546 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3546?
The cost impact of HB3546 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3546 address?
HB3546 addresses topics including education, education--school districts, elections, elections--general and elections--school district.
Legislative data provided by LegiScanLast updated: November 25, 2025
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