By Moffat H.B. No. 2632
74R4989 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the discipline and removal of a member of a governing
1-3 body in certain home-rule municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 26, Local Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. DISCIPLINE AND REMOVAL OF MEMBERS OF
1-8 GOVERNING BODY IN CERTAIN HOME-RULE MUNICIPALITIES
1-9 Sec. 26.201. APPLICABILITY OF SUBCHAPTER. This subchapter
1-10 applies only to a home-rule municipality with a population of
1-11 60,000 or less.
1-12 Sec. 26.202. UNIFORM RECALL ELECTION PROCEDURES. (a) A
1-13 municipality that provides, by ordinance or charter, for the recall
1-14 of members of the governing body of the municipality must comply
1-15 with the time limits or procedures that are prescribed by this
1-16 section and are related to the recall election process.
1-17 (b) The clerk or secretary of the municipality or any other
1-18 official who reviews a recall petition to determine its validity
1-19 shall review and determine the validity of the petition not later
1-20 than the fifth day after the date the petition is presented to the
1-21 clerk, secretary, or other official.
1-22 (c) If a petition is determined valid under Subsection (b),
1-23 the governing body shall order the recall election not later than
1-24 the second day after the date the determination is made. The
2-1 election shall be held on the first Saturday that is not a legal
2-2 holiday that occurs on or after the 21st day after the date of the
2-3 governing body's order.
2-4 (d) If a majority of votes cast at a recall election are for
2-5 the removal of the member of the governing body, the office in
2-6 question becomes vacant one day after the date the result is
2-7 canvassed and certified.
2-8 (e) A member of the governing body who is recalled may not
2-9 be appointed, during the term from which the member is recalled, to
2-10 fill a vacancy in the office for which the recall is made.
2-11 (f) This section supersedes any charter provision or
2-12 ordinance of the municipality.
2-13 Sec. 26.203. CENSURE OF MEMBER OF GOVERNING BODY. (a) In
2-14 this section, "official misconduct" means an intentional, unlawful
2-15 act or an act that may reasonably be believed to be a violation of
2-16 a federal, state, or municipal law or a violation of the duties of
2-17 a member of the governing body.
2-18 (b) A member of a governing body may file a motion for
2-19 censure against another member of the governing body for conduct
2-20 that the member believes, in good faith, constitutes official
2-21 misconduct.
2-22 (c) The filing of a motion for censure stays the governing
2-23 body from taking any action on any matter related to the conduct at
2-24 issue in the motion for censure.
2-25 (d) The stay may be lifted only if:
2-26 (1) the motion is withdrawn; or
2-27 (2) following a public hearing, a majority of the
3-1 governing body or a majority of a censure panel determines that the
3-2 motion is without merit.
3-3 (e) At a public hearing on a motion for censure, the member
3-4 making the motion and the member named in the motion may present
3-5 evidence and call or cross-examine witnesses.
3-6 (f) A member making a motion for censure and a member named
3-7 in the motion are ineligible to vote on the motion for censure. If
3-8 two-thirds or fewer of the members of the governing body are
3-9 ineligible to vote on the motion for censure, the motion shall be
3-10 decided by a censure panel.
3-11 (g) Each member of the governing body shall appoint one
3-12 member to the censure panel. A member of the panel must:
3-13 (1) reside in the municipality;
3-14 (2) have previously been a member of the governing
3-15 body; and
3-16 (3) not currently hold any elective or appointed
3-17 office.
3-18 (h) If a majority of the governing body or the censure panel
3-19 finds the motion is well-founded, the governing body or the panel
3-20 may censure, suspend, or expel the member.
3-21 (i) This section supersedes any charter provision or
3-22 ordinance of the municipality.
3-23 SECTION 2. This Act takes effect September 1, 1995.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.