73R3781 DWS-D
          By Krusee                                             H.B. No. 1379
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the process of removing certain municipal officers from
    1-3  office.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 21.002, Local Government Code, is amended
    1-6  to read as follows:
    1-7        Sec. 21.002.  REMOVAL OF MAYOR OR OTHER GOVERNING BODY MEMBER
    1-8  <ALDERMAN> IN GENERAL-LAW MUNICIPALITY.  (a)  This section applies
    1-9  only to a general-law municipality.
   1-10        (b)  In this section:
   1-11              (1)  "Incompetency" means:
   1-12                    (A)  gross ignorance of official duties;
   1-13                    (B)  gross carelessness in the discharge of
   1-14  official duties; or
   1-15                    (C)  inability or unfitness to promptly and
   1-16  properly discharge official duties because of a serious mental or
   1-17  physical defect that did not exist at the time of the officer's
   1-18  election.
   1-19              (2)  "Official misconduct" means intentional unlawful
   1-20  behavior relating to official duties by an officer entrusted with
   1-21  the administration of justice or the execution of the law.  The
   1-22  term includes an intentional or corrupt failure, refusal, or
   1-23  neglect of an officer to perform a duty imposed on the officer by
   1-24  law.
    2-1        (c)  The mayor or another member of the governing body <an
    2-2  alderman> of a municipality may be removed from office for:
    2-3              (1)  official misconduct;
    2-4              (2)  intentional violation of a municipal ordinance;
    2-5              (3)  habitual drunkenness;
    2-6              (4)  incompetency; or
    2-7              (5)  a cause prescribed by a municipal ordinance.
    2-8        (d)  The registered voters of the municipality may present a
    2-9  petition requesting an election to determine whether to remove the
   2-10  mayor or another specified member of the governing body.  The
   2-11  petition must:
   2-12              (1)  state as the grounds of the removal one or more of
   2-13  the grounds listed by Subsection (c);
   2-14              (2)  be signed by at least 20 percent of the registered
   2-15  voters residing in the municipality;
   2-16              (3)  contain the signature, printed name, date of
   2-17  signing, voter registration number, and residence address,
   2-18  including zip code, for the required number of signers; and
   2-19              (4)  be signed by the required number of signers during
   2-20  the 90 days before the date the petition is presented to the
   2-21  appropriate municipal officer.
   2-22        (e)  When a petition <written sworn complaint> that charges a
   2-23  member of the governing body, other than the mayor, <an alderman>
   2-24  with a ground <an act or omission that constitutes grounds> for
   2-25  removal from office is presented to the mayor, the mayor shall give
   2-26  the petition to the municipal clerk or secretary for verification.
   2-27  After the verification is made, the mayor shall:
    3-1              (1)  file the petition with the governing body
    3-2  <complaint>;
    3-3              (2)  cause a copy of the petition <complaint> to be
    3-4  served on the charged member <alderman>;
    3-5              (3)  set a date for the hearing <trial> of the case;
    3-6  and
    3-7              (4)  notify the charged member <alderman> and the other
    3-8  members <aldermen> of the governing body <municipality> to appear
    3-9  on that day.
   3-10        <(e)  The mayor and aldermen, except the charged alderman,
   3-11  constitute a court to try and determine the case against the
   3-12  charged alderman.>
   3-13        (f)  When a petition is presented that charges <such a
   3-14  complaint is made against> the mayor, the petition <complaint> must
   3-15  be presented to another member <an alderman> of the governing body
   3-16  <municipality>.  That member <alderman> shall give the petition to
   3-17  the municipal clerk or secretary for verification.  After the
   3-18  verification is made, that member shall:
   3-19              (1)  file the petition with the governing body
   3-20  <complaint>;
   3-21              (2)  cause a copy of the petition <complaint> to be
   3-22  served on the mayor;
   3-23              (3)  set a date for the hearing <trial> of the case;
   3-24  and
   3-25              (4)  notify the mayor and the other members of the
   3-26  governing body <aldermen> to appear on that day.
   3-27        (g)  The mayor and other members of the governing body,
    4-1  except the officer charged by the petition, shall hold a hearing to
    4-2  consider the charges.  If those officers determine that, in their
    4-3  opinions, there is sufficient evidence to believe the charges are
    4-4  true, the officer to whom the petition was originally presented
    4-5  shall order an election on the removal of the charged officer.  The
    4-6  election must be held on the first authorized uniform election date
    4-7  that occurs after the date of the hearing and that affords enough
    4-8  time to hold the election in the manner required by law.  The
    4-9  ballots at the election shall be printed to provide for voting for
   4-10  or against the proposition:  The removal of ____________________
   4-11  (name of the charged officer) from the office of
   4-12  ____________________ (name of the office).
   4-13        (h)  If a majority of the voters voting on the issue vote in
   4-14  favor of the proposition, the charged officer is removed from
   4-15  office, and the vacancy in the position shall be filled as provided
   4-16  by law.  <A majority of the aldermen constitutes a court to try and
   4-17  determine the case against the mayor.  The aldermen shall select
   4-18  one of the aldermen to preside during the trial.>
   4-19        <(h)  A proceeding under this section is subject to the rules
   4-20  governing a proceeding or trial in a justice court.  If two-thirds
   4-21  of the members of the court who are present at the trial of the
   4-22  case find the defendant guilty of the charges contained in the
   4-23  complaint and find that the charges are sufficient cause for
   4-24  removal from office, the presiding officer of the court shall enter
   4-25  a judgment removing the charged officer and declaring the office
   4-26  vacant.  If the defendant is found not guilty, judgment shall be
   4-27  entered accordingly.>
    5-1        (i)  An officer removed under this section is not eligible
    5-2  for reelection to the same office for two years after the date of
    5-3  the removal.
    5-4        (j)  An officer may not be removed under this section for an
    5-5  act the officer committed before election to office.
    5-6        SECTION 2.  The changes in law made by this Act apply only to
    5-7  the removal of an officer for which the petition is presented on or
    5-8  after the effective date of this Act.  The removal of an officer
    5-9  for which the complaint was presented before the effective date of
   5-10  this Act is covered by the law in effect when the complaint was
   5-11  presented, and the former law is continued in effect for this
   5-12  purpose.
   5-13        SECTION 3.  This Act takes effect September 1, 1993.
   5-14        SECTION 4.  The importance of this legislation and the
   5-15  crowded condition of the calendars in both houses create an
   5-16  emergency and an imperative public necessity that the
   5-17  constitutional rule requiring bills to be read on three several
   5-18  days in each house be suspended, and this rule is hereby suspended.