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.