By: West, Shapiro, Wentworth S.B. No. 95 A BILL TO BE ENTITLED AN ACT 1-1 relating to the recall of an elected official in a general-law 1-2 municipality. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 2, Local Government Code, is 1-5 amended by adding Chapter 27 to read as follows: 1-6 CHAPTER 27. RECALL OF ELECTED 1-7 OFFICIAL IN GENERAL-LAW MUNICIPALITY 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 27.001. APPLICATION. An elected officer of a 1-10 general-law municipality may be recalled from office as provided by 1-11 this chapter. 1-12 Sec. 27.002. LIMITATIONS ON RECALL. A recall petition may 1-13 not be filed: 1-14 (1) within 90 days after the beginning date of the 1-15 officer's term; 1-16 (2) within 90 days after the date of a recall election 1-17 that failed to recall the officer; or 1-18 (3) within 90 days before the date the officer's term 1-19 expires. 1-20 SUBCHAPTER B. RECALL PETITION 1-21 Sec. 27.021. VALIDITY OF PETITION. To be valid, a recall 1-22 petition must: 1-23 (1) be timely filed with the appropriate authority; 1-24 (2) contain valid signatures in the number required by 2-1 Section 27.023; 2-2 (3) comply with the requirements as to form and 2-3 content prescribed by this subchapter; and 2-4 (4) comply with Chapter 277, Election Code, except for 2-5 a provision of that chapter that conflicts with this chapter. 2-6 Sec. 27.022. FILING DEADLINE. A recall petition must be 2-7 filed not later than the 90th day after the initial date of 2-8 circulation of the petition for the recall of the officer. 2-9 Sec. 27.023. SIGNATURES REQUIRED. (a) The minimum number 2-10 of signatures that must appear on a recall petition is 25 percent 2-11 of the total vote received in the municipality, or in any ward or 2-12 similar district in the municipality over which the office has 2-13 jurisdiction if that ward or district is not coextensive with the 2-14 area comprising the municipality, by all candidates for mayor in 2-15 the most recent municipal election. 2-16 (b) To be valid, a signature must be: 2-17 (1) the signature of an individual who, at the time of 2-18 signing, is a registered voter of the municipality and of any ward 2-19 or similar district in the municipality over which the office has 2-20 jurisdiction if that ward or district is not coextensive with the 2-21 area comprising the municipality; and 2-22 (2) affixed on the petition on or after the initial 2-23 date of circulation of the petition and before the date of filing 2-24 or refiling of the petition. 2-25 Sec. 27.024. FORM AND CONTENT OF PETITION. (a) A recall 2-26 petition may propose the recall of only one officer. 2-27 (b) The following statement must appear at the top of each 3-1 page of the petition: "The purpose of this petition is to request 3-2 that an election be held to determine whether (officer's name) is 3-3 recalled from the office of (office title, including any place 3-4 number or other distinguishing number)." 3-5 (c) The initial date of circulation of the petition must 3-6 appear on each page of the petition. 3-7 (d) The pages of the petition must be duplicates except as 3-8 to signatures and information required to be affixed by signers and 3-9 circulators. 3-10 (e) The petition may consist of multiple parts. 3-11 (f) The part of the petition in which signatures appear must 3-12 contain the affidavit required by Section 27.026. 3-13 (g) The statement and date required by Subsections (b) and 3-14 (c) must appear, at the time of signing, on the petition on the 3-15 page on which each signature is affixed. 3-16 Sec. 27.025. METHOD OF ACQUIRING SIGNATURE. A person 3-17 circulating a recall petition must: 3-18 (1) before permitting a person to sign, point out and 3-19 read to the person the statement required by Section 27.024(b); 3-20 (2) witness each signature; 3-21 (3) ascertain that each date of signing is correct; 3-22 and 3-23 (4) before the petition is filed, verify each signer's 3-24 registration status and ascertain that each registration number 3-25 entered on the petition is correct. 3-26 Sec. 27.026. AFFIDAVIT OF CIRCULATOR. (a) Each part of a 3-27 recall petition must include an affidavit of the person who 4-1 circulated it stating that the person: 4-2 (1) pointed out and read to each signer, before the 4-3 petition was signed, the statement required by Section 27.024(b); 4-4 (2) witnessed each signature; 4-5 (3) verified each signer's registration status; and 4-6 (4) believes each signature to be genuine and the 4-7 corresponding information correct. 4-8 (b) The printed name and residence address of the circulator 4-9 and the date of execution of the affidavit must be included in the 4-10 affidavit. 4-11 SUBCHAPTER C. FILING AND DETERMINATION OF VALIDITY 4-12 Sec. 27.041. AUTHORITY WITH WHOM PETITION FILED. (a) A 4-13 recall petition must be filed with the clerk or secretary of the 4-14 governing body of the municipality or, if the municipality has no 4-15 clerk or secretary, with the municipality's mayor. 4-16 (b) All parts of the petition must be filed on the same 4-17 date. 4-18 Sec. 27.042. COVER LETTER. A cover letter containing the 4-19 following information must accompany a recall petition: 4-20 (1) name and title of the officer sought to be 4-21 recalled; 4-22 (2) signature, printed name, business or residence 4-23 address, and telephone number of at least one but not more than 4-24 three proponents of the recall; 4-25 (3) date of filing; and 4-26 (4) number of parts of the petition. 4-27 Sec. 27.043. REVIEW OF PETITION. (a) On the filing of a 5-1 recall petition, the authority with whom the petition is filed 5-2 shall review the petition to determine its validity. 5-3 (b) The review shall be completed as soon as practicable 5-4 after the date of filing. 5-5 Sec. 27.044. ACTION ON PETITION. (a) If the authority with 5-6 whom the petition is filed determines that the petition is valid 5-7 and the date of filing does not violate Section 27.002, the 5-8 authority shall order an election in the municipality, or only in 5-9 the ward or similar district over which the office has jurisdiction 5-10 if that ward or district is not coextensive with the area 5-11 comprising the municipality, on the question of recalling the 5-12 officer. 5-13 (b) If the authority determines that the petition is invalid 5-14 or the date of filing violates Section 27.002, the authority shall 5-15 promptly reject the petition and return it along with written 5-16 reasons for the rejection to one of the proponents of the recall. 5-17 (c) A rejected petition may be refiled before the deadline 5-18 prescribed by Section 27.022. 5-19 Sec. 27.045. NOTICE TO OFFICER. (a) Not later than the 5-20 fifth day after the date a determination is made under Section 5-21 27.044, the authority with whom the petition is filed shall deliver 5-22 by registered mail a written notice of the determination to the 5-23 officer sought to be recalled. 5-24 (b) If a recall election is ordered, the notice must include 5-25 the date of the election. 5-26 SUBCHAPTER D. RECALL ELECTION 5-27 Sec. 27.061. ELECTION ORDER; DATE. (a) A recall election 6-1 shall be ordered at the next regularly scheduled meeting of the 6-2 municipal governing body that occurs after notice has been given to 6-3 the officer under Section 27.045. 6-4 (b) The recall election shall be held on the first uniform 6-5 election date that occurs at least 45 days after the date the 6-6 election is ordered. 6-7 (c) If the election date required by Subsection (b) occurs 6-8 on a date on which the officer who is the subject of the recall no 6-9 longer holds the office, the recall election may not be held. 6-10 Sec. 27.062. FORM OF BALLOT. The ballot for a recall 6-11 election shall be printed to provide for voting for or against the 6-12 proposition: "Recalling (officer's name) from the office of 6-13 (office title, including any place number or other distinguishing 6-14 number)." 6-15 Sec. 27.063. CONDUCT OF ELECTION. Except as otherwise 6-16 provided by this chapter, a recall election shall be, to the extent 6-17 possible, conducted and the results canvassed, tabulated, and 6-18 reported in accordance with the procedures prescribed by law for a 6-19 general election for the office subject to recall. 6-20 SUBCHAPTER E. EFFECT OF RECALL ELECTION 6-21 Sec. 27.081. VOTE NECESSARY FOR RECALL. If a majority of 6-22 the votes received in a recall election vote "for," the officer is 6-23 recalled from office and a vacancy in that office occurs on the 6-24 date the final canvass of the election is completed. 6-25 Sec. 27.082. FILLING VACANCY AFTER RECALL. A vacancy in 6-26 office resulting from a recall election is filled as generally 6-27 provided by law for a vacancy in that office. 7-1 Sec. 27.083. INELIGIBILITY OF RECALLED OFFICER. An officer 7-2 who is recalled may not be appointed, during the term from which 7-3 the officer is recalled, to fill a vacancy in the office from which 7-4 the recall is made. 7-5 Sec. 27.084. INELIGIBILITY OF RESIGNED OFFICER. An officer 7-6 who resigns on or after the initial date of circulation of a 7-7 petition demanding the officer's recall may not be appointed, 7-8 during the term from which the officer resigns, to fill a vacancy 7-9 in the office from which the recall is demanded. 7-10 SECTION 2. Section 21.002, Local Government Code, is 7-11 repealed. 7-12 SECTION 3. This Act takes effect September 1, 1995. 7-13 SECTION 4. The importance of this legislation and the 7-14 crowded condition of the calendars in both houses create an 7-15 emergency and an imperative public necessity that the 7-16 constitutional rule requiring bills to be read on three several 7-17 days in each house be suspended, and this rule is hereby suspended.