By West                                                 S.B. No. 95
       74R1425 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the recall of an elected official in a general-law
    1-3  municipality.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle B, Title 2, Local Government Code, is
    1-6  amended by adding Chapter 27 to read as follows:
    1-7                    CHAPTER 27.  RECALL OF ELECTED
    1-8                 OFFICIAL IN GENERAL-LAW MUNICIPALITY
    1-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Sec. 27.001.  APPLICATION.  An elected officer of a
   1-11  general-law municipality may be recalled from office as provided by
   1-12  this chapter.
   1-13        Sec. 27.002.  LIMITATIONS ON RECALL.  A recall petition may
   1-14  not be filed:
   1-15              (1)  within 90 days after the beginning date of the
   1-16  officer's term;
   1-17              (2)  within 90 days after the date of a recall election
   1-18  that failed to recall the officer; or
   1-19              (3)  within 90 days before the date the officer's term
   1-20  expires.
   1-21                    SUBCHAPTER B.  RECALL PETITION
   1-22        Sec. 27.021.  VALIDITY OF PETITION.  To be valid, a recall
   1-23  petition must:
   1-24              (1)  be timely filed with the appropriate authority;
    2-1              (2)  contain valid signatures in the number required by
    2-2  Section 27.023;
    2-3              (3)  comply with the requirements as to form and
    2-4  content prescribed by this subchapter; and
    2-5              (4)  comply with Chapter 277, Election Code, except for
    2-6  a provision of that chapter that conflicts with this chapter.
    2-7        Sec. 27.022.  FILING DEADLINE.  A recall petition must be
    2-8  filed not later than the 90th day after the initial date of
    2-9  circulation of the petition for the recall of the officer.
   2-10        Sec. 27.023.  SIGNATURES REQUIRED.  (a)  The minimum number
   2-11  of signatures that must appear on a recall petition is 15 percent
   2-12  of the total vote received in the municipality, or in any ward or
   2-13  similar district in the municipality  over which the office has
   2-14  jurisdiction if that ward or district is not coextensive with the
   2-15  area comprising the municipality, by all candidates for governor in
   2-16  the most recent gubernatorial election.
   2-17        (b)  To be valid, a signature must be:
   2-18              (1)  the signature of an individual who, at the time of
   2-19  signing, is a registered voter of the municipality and of any ward
   2-20  or similar district in the municipality over which the office has
   2-21  jurisdiction if that ward or district is not coextensive with the
   2-22  area comprising the municipality; and
   2-23              (2)  affixed on the petition on or after the initial
   2-24  date of circulation of the petition and before the date of filing
   2-25  or refiling of the petition.
   2-26        Sec. 27.024.  FORM AND CONTENT OF PETITION.  (a)  A recall
   2-27  petition may propose the recall of only one officer.
    3-1        (b)  The following statement must appear at the top of each
    3-2  page of the petition:  "The purpose of this petition is to request
    3-3  that an election be held to determine whether (officer's name) is
    3-4  recalled from the office of (office title, including any place
    3-5  number or other distinguishing number)."
    3-6        (c)  The initial date of circulation of the petition must
    3-7  appear on each page of the petition.
    3-8        (d)  The pages of the petition must be duplicates except as
    3-9  to signatures and information required to be affixed by signers and
   3-10  circulators.
   3-11        (e)  The petition may consist of multiple parts.
   3-12        (f)  The part of the petition in which signatures appear must
   3-13  contain the affidavit required by Section 27.026.
   3-14        (g)  The statement and date required by Subsections (b) and
   3-15  (c) must appear, at the time of signing, on the petition on the
   3-16  page on which each signature is affixed.
   3-17        Sec. 27.025.  METHOD OF ACQUIRING SIGNATURE.  A person
   3-18  circulating a recall petition must:
   3-19              (1)  before permitting a person to sign, point out and
   3-20  read to the person the statement required by Section 27.024(b);
   3-21              (2)  witness each signature;
   3-22              (3)  ascertain that each date of signing is correct;
   3-23  and
   3-24              (4)  before the petition is filed, verify each signer's
   3-25  registration status and ascertain that each registration number
   3-26  entered on the petition is correct.
   3-27        Sec. 27.026.  AFFIDAVIT OF CIRCULATOR.  (a)  Each part of a
    4-1  recall petition must include an affidavit of the person who
    4-2  circulated it stating that the person:
    4-3              (1)  pointed out and read to each signer, before the
    4-4  petition was signed, the statement required by Section 27.024(b);
    4-5              (2)  witnessed each signature;
    4-6              (3)  verified each signer's registration status; and
    4-7              (4)  believes each signature to be genuine and the
    4-8  corresponding information correct.
    4-9        (b)  The printed name and residence address of the circulator
   4-10  and the date of execution of the affidavit must be included in the
   4-11  affidavit.
   4-12          SUBCHAPTER C.  FILING AND DETERMINATION OF VALIDITY
   4-13        Sec. 27.041.  AUTHORITY WITH WHOM PETITION FILED.  (a)  A
   4-14  recall petition must be filed with the clerk or secretary of the
   4-15  governing body of the municipality or, if the municipality has no
   4-16  clerk or secretary, with the municipality's mayor.
   4-17        (b)  All parts of the petition must be filed on the same
   4-18  date.
   4-19        Sec. 27.042.  COVER LETTER.  A cover letter containing the
   4-20  following information must accompany a recall petition:
   4-21              (1)  name and title of the officer sought to be
   4-22  recalled;
   4-23              (2)  signature, printed name, business or residence
   4-24  address, and telephone number of at least one but not more than
   4-25  three proponents of the recall;
   4-26              (3)  date of filing; and
   4-27              (4)  number of parts of the petition.
    5-1        Sec. 27.043.  REVIEW OF PETITION.  (a)  On the filing of a
    5-2  recall petition, the authority with whom the petition is filed
    5-3  shall review the petition to determine its validity.
    5-4        (b)  The review shall be completed as soon as practicable
    5-5  after the date of filing.
    5-6        Sec. 27.044.  ACTION ON PETITION.  (a)  If the authority with
    5-7  whom the petition is filed determines that the petition is valid
    5-8  and the date of filing does not violate Section 27.002, the
    5-9  authority shall order an election in the municipality, or only in
   5-10  the ward or similar district over which the office has jurisdiction
   5-11  if that ward or district is not coextensive with the area
   5-12  comprising the municipality, on the question of recalling the
   5-13  officer.
   5-14        (b)  If the authority determines that the petition is invalid
   5-15  or the date of filing violates Section 27.002, the authority shall
   5-16  promptly reject the petition and return it along with written
   5-17  reasons for the rejection to one of the proponents of the recall.
   5-18        (c)  A rejected petition may be refiled before the deadline
   5-19  prescribed by Section 27.022.
   5-20        Sec. 27.045.  NOTICE TO OFFICER.  (a)  Not later than the
   5-21  fifth day after the date a determination is made under Section
   5-22  27.044, the authority with whom the petition is filed shall deliver
   5-23  by registered mail a written notice of the determination to the
   5-24  officer sought to be recalled.
   5-25        (b)  If a recall election is ordered, the notice must include
   5-26  the date of the election.
   5-27                    SUBCHAPTER D.  RECALL ELECTION
    6-1        Sec. 27.061.  ELECTION ORDER; DATE.  (a)  A recall election
    6-2  shall be ordered not later than the fourth day after the date a
    6-3  determination is made under Section 27.044(a).
    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.  This Act takes effect September 1, 1995.
   7-11        SECTION 3.  The importance of this legislation and the
   7-12  crowded condition of the calendars in both houses create an
   7-13  emergency and an imperative public necessity that the
   7-14  constitutional rule requiring bills to be read on three several
   7-15  days in each house be suspended, and this rule is hereby suspended.