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.