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.