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