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AN ACT
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relating to a recall election for officials of certain general-law |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Local Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. REMOVAL OF MEMBER OF GOVERNING BODY OF CERTAIN |
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GENERAL-LAW MUNICIPALITIES FOLLOWING ELECTION |
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Sec. 21.101. REMOVAL BY RECALL ELECTION AUTHORIZED. A |
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member of the governing body of a general-law municipality with a |
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population of less than 5,000 located in a county that borders the |
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United Mexican States and has a population of more than 800,000 may |
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be removed from office through a recall election initiated by |
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petition as provided by this subchapter. |
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Sec. 21.102. PETITION. (a) Before circulating a petition, |
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a notice of intent to circulate a petition must be filed with the |
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municipal clerk. A notice of intent to circulate a petition may not |
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be filed before the 180th day after the date the officer whose |
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removal is sought: |
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(1) was elected; or |
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(2) was subject to an unsuccessful recall election. |
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(b) After notice is filed under Subsection (a), a petition |
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may be circulated. Each page of the petition must legibly and |
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conspicuously: |
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(1) be titled "Recall Petition"; |
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(2) state that the petition seeks to initiate a recall |
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election to remove a member of the governing body; |
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(3) state the full name and title of the member whose |
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removal is sought; and |
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(4) state the reasons for seeking removal. |
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(c) For a signature to be valid, it must: |
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(1) comply with the requirements of Section 277.002, |
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Election Code; and |
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(2) be the signature of a registered voter in the |
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territory that elected the member whose removal is sought. |
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(d) At least one signer of the petition must swear before a |
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notary public or other person authorized to administer oaths that |
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each signature on the petition was made by the person whose |
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signature it purports to be, and that oath must be memorialized on |
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the petition. |
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(e) A petition is valid if: |
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(1) the petition complies with the requirements of |
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Subsections (a), (b), (c), and (d) of this section and Chapter 277, |
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Election Code; |
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(2) the total number of valid signatures on the |
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petition equals at least 50 percent of the total number of votes |
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cast in the most recent election of the member whose removal is |
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sought that was not a runoff election; and |
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(3) the petition is filed with the municipal clerk not |
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later than the 30th day after the date of the filing of notice under |
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Subsection (a). |
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Sec. 21.103. REVIEW OF PETITION. (a) Not later than the |
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10th day after the date a petition is filed, the municipal clerk |
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shall review the petition and determine whether the petition is |
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valid. |
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(b) If the municipal clerk determines the petition is valid, |
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the clerk shall attach a certificate to the petition stating that |
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the petition is valid and submit the petition and certificate to the |
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governing body of the municipality as soon as practicable. If the |
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clerk determines that the petition is not valid: |
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(1) the clerk shall attach a certificate to the |
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petition stating the facts supporting the determination that the |
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petition is not valid; |
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(2) the clerk shall notify the person who filed the |
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petition of the clerk's determination; |
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(3) the petition may be amended or supplemented and |
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resubmitted not later than the 10th day after the date of the |
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certification under Subdivision (1); and |
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(4) the clerk shall return the petition to the person |
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who filed it. |
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(c) The municipal clerk shall determine the validity of a |
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petition resubmitted under Subsection (b)(3) in the same manner as |
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the original submission except that if the clerk determines the |
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petition is not valid the petition may not be further amended or |
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supplemented and the recall election is not held. |
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Sec. 21.104. ELECTION. (a) Unless the member who is the |
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target of the petition resigns before the sixth day after the date a |
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petition and certificate are delivered to the governing body of the |
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municipality, the governing body shall order that a recall election |
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be held on the first uniform election date that occurs 78 days after |
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the date of the order. |
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(b) The ballot for a recall election shall be printed to |
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permit voting for or against the proposition: "The removal of (name |
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of the member of the governing body) from the governing body of |
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(name of the municipality)". |
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(c) If less than a majority of the votes received at the |
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recall election are in favor of removal of the member of the |
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governing body named on the ballot, the member remains in office. |
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If a majority of the votes received are in favor of the removal of |
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the member, the governing body shall immediately declare the |
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member's office vacant and the vacancy shall be filled in the manner |
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prescribed by law for filling a vacancy on the governing body. A |
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member removed by recall may not be appointed to fill the vacancy |
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and may not be a candidate in any election called to fill the |
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vacancy. |
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Sec. 21.105. CLERK. In this subchapter, a municipal clerk |
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includes a municipal secretary or any other officer of the |
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municipality who performs the duties of a municipal clerk or |
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secretary. |
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SECTION 2. The heading to Subchapter B, Chapter 21, Local |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. JUDICIAL REMOVAL OF MEMBER OF GOVERNING BODY OF |
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GENERAL-LAW MUNICIPALITY |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3015 was passed by the House on May 8, |
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2013, by the following vote: Yeas 135, Nays 12, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3015 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |