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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE BILL 3836

HOUSE AUTHOR: Truitt

EFFECTIVE: 9-1-99

SENATE SPONSOR: Harris

House Bill 3836 amends provisions of the Local Government Code relating to the removal proceedings for members of the governing body of a general-law municipality. The act requires that a petition for removal from office be addressed to the district judge and filed in the district court. The act also expands the grounds for removal, defines residency requirements for a citizen to be eligible to file a petition, and lists specific conditions for inclusion in the petition. The person filing the petition is required to apply for an order requiring a citation of the officer and to execute a bond to be used for damages if the grounds for removal are unfounded. The act includes requirements relating to the conduct of the proceedings for a trial and authorizes either party to appeal the final judgment to the court of appeals. Conviction of an officer by a petit jury constitutes an immediate removal from office.