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.