BILL ANALYSIS
S.B. 95
By: West, Royce (Hilderbran)
February 22, 1995
Committee Report (Unamended)
BACKGROUND
Current law does not allow a general-law municipality to hold
recall elections. Instead, these municipalities are required to
conduct a procedure with members of the governing body serving as
a forum of justice. Citizen participation ends after the initial
petition is filed, leaving ultimate resolution of an official's
fitness for public service in the hands of a few office holders.
PURPOSE
As proposed, S.B. 95 sets forth the procedure for the recall of an
elected official in a general-law municipality.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 2B, Local Government Code, by adding
Chapter 27, as follows:
CHAPTER 27. RECALL OF ELECTED OFFICIAL IN GENERAL-LAW
MUNICIPALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 27.001. APPLICATION. Provides that an elected officer
of a general-law municipality may be recalled from office.
Sec. 27.002. LIMITATIONS ON RECALL. Prohibits a recall
petition from being filed within specified time frames.
SUBCHAPTER B. RECALL PETITION
Sec. 27.021. VALIDITY OF PETITION. Sets forth requirements
for a petition to be considered valid.
Sec. 27.022. FILING DEADLINE. Requires a recall petition to
be filed within 90 days of the initial date of circulation of
the petition.
Sec. 27.023. SIGNATURES REQUIRED. (a) Sets forth
requirements for the minimum number of signatures to appear on
a recall petition.
(b) Sets forth requirements for signatures to be considered
valid.
Sec. 27.024. FORM AND CONTENT OF PETITION. (a) Authorizes a
recall petition to propose the recall of only one officer.
(b) Sets forth the required language for a statement to
appear at the top of each page of the petition.
(c) Requires the initial date of circulation of the petition
to appear on each page.
(d) Requires the pages of the petition to be duplicates,
with the exception of signatures and information to be
affixed by the signers and circulators.
(e) Provides that the petition may consist of multiple
parts.
(f) Requires the part of the petition in which signatures
appear to contain the affidavit required by Section 27.026.
(g) Requires the statement and date to appear, at the time
of signing, on the page on which each signature is affixed.
Sec. 27.025. METHOD OF ACQUIRING SIGNATURE. Sets forth
requirements for the method of acquiring signatures.
Sec. 27.026. AFFIDAVIT OF CIRCULATOR. (a) Requires a recall
petition to include an affidavit of the person who circulated
it. Sets forth requirements for the affidavit.
(b) Requires the printed name and residence address of the
circulator and the date of execution of the affidavit to be
included in the affidavit.
SUBCHAPTER C. FILING AND DETERMINATION OF VALIDITY
Sec. 27.041. AUTHORITY WITH WHOM PETITION FILED. (a)
Requires a recall petition to be filed with the clerk or
secretary of the governing body of the municipality, or, if
the municipality has no clerk or secretary, with the
municipality's mayor.
(b) Requires all parts of the petition to be filed on the
same date.
Sec. 27.042. COVER LETTER. Requires a cover letter to
accompany a recall petition. Sets forth the requirements for
the cover letter.
Sec. 27.043. REVIEW OF PETITION. (a) Requires the authority
with whom the petition is filed to review the petition to
determine its validity.
(b) Requires the review to be completed as soon as
practicable after the filing date.
Sec. 27.044. ACTION ON PETITION. (a) Requires the authority
to order an election on the question of recalling the officer
if the petition is valid and filed within the proper dates.
Sets forth requirements for this election.
(b) Requires the authority to promptly reject the petition
and return it along with written reasons for the rejection
to the filers if the petition is invalid or not filed within
the proper dates.
(c) Authorizes a rejected petition to be refiled before the
deadline.
Sec. 27.045. NOTICE TO OFFICER. (a) Requires the authority
to whom the petition is filed to deliver the determination to
the officer sought to be recalled within five days of making
the determination.
(b) Requires the notice to include the date of the election
if a recall election is ordered.
SUBCHAPTER D. RECALL ELECTION
Sec. 27.061. ELECTION ORDER; DATE. (a) Requires a recall
election to be ordered within four days after a determination
is made.
(b) Requires the recall election to be held on the first
uniform election date that occurs at least 45 days after the
date the election is ordered.
(c) Prohibits the holding of a recall election if the
election date occurs on a date on which the officer who is
the subject of the recall no longer holds the office.
Sec. 27.062. FORM OF BALLOT. Sets forth the required
language for the receall election ballot.
Sec. 27.063. CONDUCT OF ELECTION. Requires a recall election
to be conducted and the results canvassed, tabulated, and
reported in accordance with the procedures prescribed by law
for a general election for the office subject to recall.
SUBCHAPTER E. EFFECT OF RECALL ELECTION
Sec. 27.081. VOTE NECESSARY FOR RECALL. Requires the officer
to be recalled and a vacancy to occur if the majority of votes
received in a recall election vote "for."
Sec. 27.082. FILLING VACANCY AFTER RECALL. Provides that a
vacancy in office resulting from a recall election is filled
as generally provided by law for a vacancy in that office.
Sec. 27.083. INELIGIBILITY OF RECALLED OFFICER. Prohibits a
recalled officer from being appointed to fill a vacancy in the
office from which the recall is made during the term of the
recall.
Sec. 27.084. INELIGIBILITY OF RESIGNED OFFICER. Prohibits an
officer who resigns when the petition is circulated from being
appointed to fill a vacancy in the office from which the
recall is demanded during the term from which the officer
resigns.
SECTION 2. Repealer: Section 21.002, Local Government Code
(Removal of Mayor or Alderman in General-Law Municipality).
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
S.B. 95 was considered by the committee in a public hearing on
February 27, 1995. It was left pending. The bill was considered
on March 6, 1995. The following people testified in favor of the
bill: Rep. Hilderbran; and Susan Horton, representing the Texas
Municipal League. The bill was reported favorably, without
amendments, with the recommendation that it do pass and be printed
by a record vote of 7 ayes, 0 nays, 1 pnv, and 1 absent.