1-1 By: Krusee (Senate Sponsor - Wentworth) H.B. No. 1379
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 25, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; May 25, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the process of removing certain municipal officers from
1-23 office.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 21.002, Local Government Code, is amended
1-26 to read as follows:
1-27 Sec. 21.002. REMOVAL OF MAYOR OR OTHER GOVERNING BODY MEMBER
1-28 <ALDERMAN> IN GENERAL-LAW MUNICIPALITY. (a) This section applies
1-29 only to a general-law municipality.
1-30 (b) In this section:
1-31 (1) "Incompetency" means:
1-32 (A) gross ignorance of official duties;
1-33 (B) gross carelessness in the discharge of
1-34 official duties; or
1-35 (C) inability or unfitness to promptly and
1-36 properly discharge official duties because of a serious mental or
1-37 physical defect that did not exist at the time of the officer's
1-38 election.
1-39 (2) "Official misconduct" means intentional unlawful
1-40 behavior relating to official duties by an officer entrusted with
1-41 the administration of justice or the execution of the law. The
1-42 term includes an intentional or corrupt failure, refusal, or
1-43 neglect of an officer to perform a duty imposed on the officer by
1-44 law.
1-45 (c) The mayor or another member of the governing body <an
1-46 alderman> of a municipality may be removed from office for:
1-47 (1) official misconduct;
1-48 (2) intentional violation of a municipal ordinance;
1-49 (3) habitual drunkenness;
1-50 (4) incompetency; or
1-51 (5) a cause prescribed by a municipal ordinance.
1-52 (d) The registered voters of the municipality may present a
1-53 petition requesting an election to determine whether to remove the
1-54 mayor or another specified member of the governing body. The
1-55 petition must:
1-56 (1) state as the grounds of the removal one or more of
1-57 the grounds listed by Subsection (c);
1-58 (2) be signed by at least 20 percent of the registered
1-59 voters residing in the municipality;
1-60 (3) contain the signature, printed name, date of
1-61 signing, voter registration number, and residence address,
1-62 including zip code, for the required number of signers; and
1-63 (4) be signed by the required number of signers during
1-64 the 90 days before the date the petition is presented to the
1-65 appropriate municipal officer.
1-66 (e) When a petition <written sworn complaint> that charges a
1-67 member of the governing body, other than the mayor, <an alderman>
1-68 with a ground <an act or omission that constitutes grounds> for
2-1 removal from office is presented to the mayor, the mayor shall give
2-2 the petition to the municipal clerk or secretary for verification.
2-3 After the verification is made, the mayor shall:
2-4 (1) file the petition with the governing body
2-5 <complaint>;
2-6 (2) cause a copy of the petition <complaint> to be
2-7 served on the charged member <alderman>;
2-8 (3) set a date for the hearing <trial> of the case;
2-9 and
2-10 (4) notify the charged member <alderman> and the other
2-11 members <aldermen> of the governing body <municipality> to appear
2-12 on that day.
2-13 <(e) The mayor and aldermen, except the charged alderman,
2-14 constitute a court to try and determine the case against the
2-15 charged alderman.>
2-16 (f) When a petition is presented that charges <such a
2-17 complaint is made against> the mayor, the petition <complaint> must
2-18 be presented to another member <an alderman> of the governing body
2-19 <municipality>. That member <alderman> shall give the petition to
2-20 the municipal clerk or secretary for verification. After the
2-21 verification is made, that member shall:
2-22 (1) file the petition with the governing body
2-23 <complaint>;
2-24 (2) cause a copy of the petition <complaint> to be
2-25 served on the mayor;
2-26 (3) set a date for the hearing <trial> of the case;
2-27 and
2-28 (4) notify the mayor and the other members of the
2-29 governing body <aldermen> to appear on that day.
2-30 (g) The mayor and other members of the governing body,
2-31 except the officer charged by the petition, shall hold a hearing to
2-32 consider the charges. If those officers determine that, in their
2-33 opinions, there is sufficient evidence to believe the charges are
2-34 true, the officer to whom the petition was originally presented
2-35 shall order an election on the removal of the charged officer. The
2-36 election must be held on the first authorized uniform election date
2-37 that occurs after the date of the hearing and that affords enough
2-38 time to hold the election in the manner required by law. The
2-39 ballots at the election shall be printed to provide for voting for
2-40 or against the proposition: The removal of ____________________
2-41 (name of the charged officer) from the office of
2-42 ____________________ (name of the office).
2-43 (h) If a majority of the voters voting on the issue vote in
2-44 favor of the proposition, the charged officer is removed from
2-45 office, and the vacancy in the position shall be filled as provided
2-46 by law. <A majority of the aldermen constitutes a court to try and
2-47 determine the case against the mayor. The aldermen shall select
2-48 one of the aldermen to preside during the trial.>
2-49 <(h) A proceeding under this section is subject to the rules
2-50 governing a proceeding or trial in a justice court. If two-thirds
2-51 of the members of the court who are present at the trial of the
2-52 case find the defendant guilty of the charges contained in the
2-53 complaint and find that the charges are sufficient cause for
2-54 removal from office, the presiding officer of the court shall enter
2-55 a judgment removing the charged officer and declaring the office
2-56 vacant. If the defendant is found not guilty, judgment shall be
2-57 entered accordingly.>
2-58 (i) An officer removed under this section is not eligible
2-59 for reelection to the same office for two years after the date of
2-60 the removal.
2-61 (j) An officer may not be removed under this section for an
2-62 act the officer committed before election to office.
2-63 SECTION 2. The changes in law made by this Act apply only to
2-64 the removal of an officer for which the petition is presented on or
2-65 after the effective date of this Act. The removal of an officer
2-66 for which the complaint was presented before the effective date of
2-67 this Act is covered by the law in effect when the complaint was
2-68 presented, and the former law is continued in effect for this
2-69 purpose.
2-70 SECTION 3. This Act takes effect September 1, 1993.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
3-6 * * * * *
3-7 Austin,
3-8 Texas
3-9 May 25, 1993
3-10 Hon. Bob Bullock
3-11 President of the Senate
3-12 Sir:
3-13 We, your Committee on Intergovernmental Relations to which was
3-14 referred H.B. No. 1379, have had the same under consideration, and
3-15 I am instructed to report it back to the Senate with the
3-16 recommendation that it do pass and be printed.
3-17 Armbrister,
3-18 Chairman
3-19 * * * * *
3-20 WITNESSES
3-21 No witnesses appeared on H.B. No. 1379.