By:  Eckels                                           H.B. No. 1385
       73R840 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the recall of public officers elected or appointed for
    1-3  a term.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 16, Election Code, is amended by adding
    1-6  Chapter 278 to read as follows:
    1-7                   CHAPTER 278.  RECALL OF OFFICERS
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Sec. 278.001.  APPLICABILITY OF CHAPTER.  (a)  Except as
   1-10  provided by Subsections (b) and (c), this chapter governs the
   1-11  recall of all officers elected or appointed for a term in this
   1-12  state.
   1-13        (b)  This chapter does not apply to a federal office.
   1-14        (c)  This chapter does not affect recall provisions that are:
   1-15              (1)  less stringent than the provisions of this
   1-16  chapter; and
   1-17              (2)  prescribed by a statute outside this code or by a
   1-18  home-rule city charter or ordinance.
   1-19        Sec. 278.002.  LIMITATIONS ON RECALL.  A recall petition may
   1-20  not be filed:
   1-21              (1)  within six months after the beginning date of the
   1-22  officer's current term;
   1-23              (2)  within six months after the date of a recall
   1-24  election that failed to recall the officer; or
    2-1              (3)  within three months before the date the officer's
    2-2  term expires.
    2-3        Sec. 278.003.  ADDITIONAL PROCEDURES.  The secretary of state
    2-4  shall prescribe any additional procedures that are necessary to
    2-5  implement this chapter.
    2-6           (Sections 278.004-278.020 reserved for expansion
    2-7                    SUBCHAPTER B.  RECALL PETITION
    2-8        Sec. 278.021.  VALIDITY OF PETITION.  To be valid, a recall
    2-9  petition must:
   2-10              (1)  be timely filed with the appropriate authority;
   2-11              (2)  contain valid signatures in the number required by
   2-12  Section 278.023; and
   2-13              (3)  comply with the requirements as to form and
   2-14  content prescribed by this subchapter.
   2-15        Sec. 278.022.  FILING DEADLINE.  A recall petition must be
   2-16  filed not later than the 90th day after the initial date of
   2-17  circulation of the petition for the recall of the officer.
   2-18        Sec. 278.023.  NUMBER OF SIGNATURES REQUIRED.  The minimum
   2-19  number of signatures that must appear on a recall petition is 15
   2-20  percent of the total vote received in the territory over which the
   2-21  office has jurisdiction by all candidates for governor in the most
   2-22  recent gubernatorial election.
   2-23        Sec. 278.024.  FORM AND CONTENT OF PETITION.  (a)  A recall
   2-24  petition may propose the recall of only one officer.
   2-25        (b)  The following statement must appear at the top of each
   2-26  page of the petition:  "I know that the purpose of this petition is
   2-27  to request that an election be held to determine whether (officer's
    3-1  name) is recalled from the office of (office title, including any
    3-2  place number or other distinguishing number)."
    3-3        (c)  The initial date of circulation of the petition must
    3-4  appear on each page of the petition.
    3-5        (d)  The pages of the petition must be duplicates except as
    3-6  to signatures and information required to be affixed by signers and
    3-7  circulators.
    3-8        (e)  The petition may consist of multiple parts.
    3-9        Sec. 278.025.  VALIDITY OF SIGNATURES.  A signature on a
   3-10  recall petition is valid if:
   3-11              (1)  the signer, at the time of signing, is a
   3-12  registered voter of the territory over which the office has
   3-13  jurisdiction;
   3-14              (2)  the signature was affixed on or after the initial
   3-15  date of circulation of the petition and before the date of filing
   3-16  or refiling of the petition;
   3-17              (3)  the petition includes the following information
   3-18  with respect to each signer:
   3-19                    (A)  printed name;
   3-20                    (B)  residence address;
   3-21                    (C)  voter registration number and, if the
   3-22  territory over which the office has jurisdiction is situated in
   3-23  more than one county, the county of registration; and
   3-24                    (D)  date of signing;
   3-25              (4)  the part of the petition in which the signature
   3-26  appears contains the affidavit required by Section 278.027; and
   3-27              (5)  the statement and date required by Section 278.024
    4-1  appear, at the time of signing, on the page on which the signature
    4-2  is affixed.
    4-3        Sec. 278.026.  METHOD OF ACQUIRING SIGNATURE.  A person
    4-4  circulating a recall petition must:
    4-5              (1)  before permitting a person to sign, point out and
    4-6  read to the person the statement required by Section 278.024(b);
    4-7              (2)  witness each signature;
    4-8              (3)  ascertain that each date of signing is correct;
    4-9  and
   4-10              (4)  before the petition is filed, verify each signer's
   4-11  registration status and ascertain that each registration number
   4-12  entered on the petition is correct.
   4-13        Sec. 278.027.  AFFIDAVIT OF CIRCULATOR.  (a)  Each part of a
   4-14  recall petition must include an affidavit of the person who
   4-15  circulated it stating that the person:
   4-16              (1)  pointed out and read to each signer, before the
   4-17  petition was signed, the statement required by Section 278.024(b);
   4-18              (2)  witnessed each signature;
   4-19              (3)  verified each signer's registration status; and
   4-20              (4)  believes each signature to be genuine and the
   4-21  corresponding information correct.
   4-22        (b)  The printed name and residence address of the circulator
   4-23  and the date of execution must be included in the affidavit.
   4-24           (Sections 278.028-278.040 reserved for expansion
   4-25          SUBCHAPTER C.  FILING AND DETERMINATION OF VALIDITY
   4-26        Sec. 278.041.  AUTHORITY WITH WHOM PETITION FILED.  (a)  A
   4-27  recall petition must be filed with:
    5-1              (1)  the secretary of state, for a statewide or
    5-2  district office;
    5-3              (2)  the county clerk, for a county or precinct office;
    5-4  or
    5-5              (3)  the clerk or secretary of the governing body of
    5-6  the political subdivision or, if the political subdivision has no
    5-7  clerk or secretary, with the governing body's presiding officer,
    5-8  for an office of a political subdivision other than a county.
    5-9        (b)  All parts of the petition must be filed on the same
   5-10  date.
   5-11        Sec. 278.042.  COVER LETTER.  A cover letter containing the
   5-12  following information must accompany a recall petition:
   5-13              (1)  name and title of the officer sought to be
   5-14  recalled;
   5-15              (2)  signature, printed name, business or residence
   5-16  address, and telephone number of at least one but not more than
   5-17  three proponents of the recall;
   5-18              (3)  date of filing; and
   5-19              (4)  number of parts of the petition.
   5-20        Sec. 278.043.  REVIEW OF PETITION.  (a)  On the filing of a
   5-21  recall petition, the authority with whom the petition is filed
   5-22  shall review the petition to determine its validity.
   5-23        (b)  The review shall be completed as soon as practicable
   5-24  after the date of filing.
   5-25        (c)  If a petition is required to contain more than 1,000
   5-26  signatures, the authority with whom the petition is filed may use
   5-27  any reasonable statistical sampling method as the basis for the
    6-1  verification.  However, the sample may not be less than 25 percent
    6-2  of the total number of signatures appearing on the petition or
    6-3  1,000, whichever is less.
    6-4        Sec. 278.044.  ACTION ON PETITION.  (a)  If the authority
    6-5  with whom the petition is filed determines that the petition is
    6-6  valid and the date of filing does not violate Section 278.002, the
    6-7  authority shall order an election in the territory over which the
    6-8  office has jurisdiction on the question of recalling the officer.
    6-9        (b)  If the authority determines that the petition is invalid
   6-10  or the date of filing violates Section 278.002, the authority shall
   6-11  promptly reject the petition and return it to one of the proponents
   6-12  of the recall accompanied by written reasons for the rejection.
   6-13        (c)  A rejected petition may be refiled before the deadline
   6-14  prescribed by Section 278.022.
   6-15        Sec. 278.045.  NOTICE TO OFFICER.  (a)  Not later than the
   6-16  fifth day after the date a determination is made under Section
   6-17  278.044, the authority with whom the petition is filed shall
   6-18  deliver by registered mail a written notice of the determination to
   6-19  the officer sought to be recalled.
   6-20        (b)  If a recall election is ordered, the notice must include
   6-21  the date of the election.
   6-22           (Sections 278.046-278.060 reserved for expansion
   6-23                    SUBCHAPTER D.  RECALL ELECTION
   6-24        Sec. 278.061.  ELECTION ORDER; DATE.  (a)  A recall election
   6-25  shall be ordered not later than the fourth day after the date a
   6-26  determination is made under Section 278.044(a).
   6-27        (b)  The recall election shall be held on the first uniform
    7-1  election date that occurs at least 30 days after the date the
    7-2  election is ordered.
    7-3        (c)  If the election date required by Subsection (b) occurs
    7-4  on a date on which the officer who is the subject of the recall no
    7-5  longer holds the office, the recall election is not held.
    7-6        Sec. 278.062.  CONSOLIDATION OF ELECTIONS.  If practicable,
    7-7  recall elections shall be consolidated if the territory over which
    7-8  the offices have jurisdiction is the same.
    7-9        Sec. 278.063.  FORM OF BALLOT.  The ballot for a recall
   7-10  election shall be printed to provide for voting yes or no on the
   7-11  following proposition:  "Shall (officer's name) be recalled from
   7-12  the office of (office title, including any place number or other
   7-13  distinguishing number)?"
   7-14        Sec. 278.064.  CONDUCT OF ELECTION.  Except as otherwise
   7-15  provided by this chapter, a recall election shall be, to the extent
   7-16  possible, conducted and the results canvassed, tabulated, and
   7-17  reported in accordance with the procedures prescribed by law for a
   7-18  general election:
   7-19              (1)  for the office subject to recall, if the office is
   7-20  an elective office; or
   7-21              (2)  for an appropriate, similar office, if the office
   7-22  is an appointive office, as determined by the secretary of state.
   7-23           (Sections 278.065-278.080 reserved for expansion
   7-24               SUBCHAPTER E.  EFFECT OF RECALL ELECTION
   7-25        Sec. 278.081.  VOTE NECESSARY FOR RECALL.  If a majority of
   7-26  those voting in a recall election vote "yes," the officer is
   7-27  recalled from office and a vacancy in that office occurs on the
    8-1  date the final canvass of the election is completed.
    8-2        Sec. 278.082.  FILLING VACANCY AFTER RECALL.  A vacancy in
    8-3  office resulting from a recall election is filled as generally
    8-4  provided by law for a vacancy in that office.
    8-5        Sec. 278.083.  INELIGIBILITY OF RECALLED OFFICER.  An officer
    8-6  who is recalled may not be appointed, during the term from which
    8-7  the officer is recalled, to fill a vacancy in the office from which
    8-8  the recall is made.
    8-9        Sec. 278.084.  INELIGIBILITY OF RESIGNED OFFICER.  An officer
   8-10  who resigns on or after the initial date of circulation of a
   8-11  petition demanding the officer's recall may not be appointed,
   8-12  during the term from which the officer resigns, to fill a vacancy
   8-13  in the office from which the recall is demanded.
   8-14        SECTION 2.  This Act takes effect on the date on which the
   8-15  constitutional amendment proposed by the 73rd Legislature, Regular
   8-16  Session, authorizing recall elections for officers elected or
   8-17  appointed for a term takes effect.  If that amendment is not
   8-18  approved by the voters, this Act has no effect.
   8-19        SECTION 3.  The importance of this legislation and the
   8-20  crowded condition of the calendars in both houses create an
   8-21  emergency and an imperative public necessity that the
   8-22  constitutional rule requiring bills to be read on three several
   8-23  days in each house be suspended, and this rule is hereby suspended.