88R12848 MZM-F

By: Harrison H.J.R. No. 163

A JOINT RESOLUTION

proposing a constitutional amendment allowing the voters to remove local elected officers from office by means of a recall election.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article VI, Texas Constitution, is amended by adding Section 6 to read as follows:

Sec. 6. (a) The qualified voters may recall the following elected officers from office:

(1) any municipal officer who serves in a position elected by the qualified voters of the entire municipality;

(2) any member of a governing body of a municipality or other municipal officer who serves in a position elected by the qualified voters of a territory less than that of the entire municipality;

(3) any county officer who serves in a position elected by the qualified voters of the entire county;

(4) any member of a commissioners court or other county officer who serves in a position elected by the qualified voters of a territory less than that of the entire county; and

(5) any elective officer of any special district created by state law.

(b) An application for a recall election must:

(1) be limited to one office;

(2) contain on each page:

(A) the heading "An Application for a Recall Election";

(B) the title of the office in question, including any applicable place or district number; and

(C) a succinct statement that it is the desire of the signers to remove the incumbent from that office;

(3) be signed by qualified voters in a number equal to at least 10 percent of all votes cast for the office that is the target of the recall at the most recent regular election at which that office was filled;

(4) contain for each signer the residence address or voter registration number and the signer's name in typewritten or legibly hand-printed form; and

(5) be in a form prescribed by the secretary of state.

(c) The application for a recall election must be submitted to the secretary of state when the office in question involves a constituency composed of more than one county and to the county clerk when the office in question is countywide or involves a constituency composed of a territory less than countywide. Not later than the 60th day after the date the secretary of state or county clerk receives the application, the secretary or clerk shall examine the application to determine the validity of the signatures and shall endorse the application if it contains the requisite number of valid signatures.

(d) Upon the endorsement of validity, the secretary of state or county clerk, as appropriate, shall order an election to be held on the first Saturday that is not a legal holiday that occurs after 30 days have elapsed from the date of endorsement. The question before the electorate shall be: "Shall (HERE SPECIFY THE NAME OF THE INCUMBENT) be removed from the office of (HERE SPECIFY THE OFFICE IN QUESTION, INCLUDING ANY APPLICABLE PLACE OR DISTRICT NUMBER)?" If a majority of the votes cast at the election answer in the affirmative, the office in question becomes vacant seven days after the date the result is canvassed.

(e) Except as provided by this subsection, an election to fill a vacancy created under this section is governed by law generally applicable to a vacancy for the office in question. The election shall be held on the first Saturday that is not a legal holiday that occurs after 60 days have elapsed from the date of the vacancy. At this election, the person whose removal created the vacancy is ineligible to seek the office from which the person was removed.

(f) Enabling laws may be enacted to give effect to this section.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 7, 2023. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to allow the voters to remove from office by means of a recall election a municipal or county elected officer or an elected officer of a special district created by state law."