1-1 By: West S.B. No. 95
1-2 (In the Senate - Filed November 28, 1994; January 11, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 1, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 11, Nays 0; February 1, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Rosson
1-8 Amend S.B. No. 95 as follows:
1-9 (1) On page 1, line 54 (SECTION 1, Sec. 27.023(a)) delete
1-10 the words "15 percent" and substitute the words "25 percent".
1-11 (2) On page 1, lines 58 and 59 (SECTION 1, Sec. 27.023(a)),
1-12 delete the words "by all candidates for governor in the most recent
1-13 gubernatorial election" and substitute the words "by all candidates
1-14 for mayor in the most recent municipal election"
1-15 (3) On page 3 between lines 51 and 52 add a new SECTION 2 to
1-16 read as follows and renumber subsequent sections accordingly:
1-17 "SECTION 2. Section 21.002, Local Government Code, is
1-18 repealed."
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the recall of an elected official in a general-law
1-22 municipality.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subtitle B, Title 2, Local Government Code, is
1-25 amended by adding Chapter 27 to read as follows:
1-26 CHAPTER 27. RECALL OF ELECTED
1-27 OFFICIAL IN GENERAL-LAW MUNICIPALITY
1-28 SUBCHAPTER A. GENERAL PROVISIONS
1-29 Sec. 27.001. APPLICATION. An elected officer of a
1-30 general-law municipality may be recalled from office as provided by
1-31 this chapter.
1-32 Sec. 27.002. LIMITATIONS ON RECALL. A recall petition may
1-33 not be filed:
1-34 (1) within 90 days after the beginning date of the
1-35 officer's term;
1-36 (2) within 90 days after the date of a recall election
1-37 that failed to recall the officer; or
1-38 (3) within 90 days before the date the officer's term
1-39 expires.
1-40 SUBCHAPTER B. RECALL PETITION
1-41 Sec. 27.021. VALIDITY OF PETITION. To be valid, a recall
1-42 petition must:
1-43 (1) be timely filed with the appropriate authority;
1-44 (2) contain valid signatures in the number required by
1-45 Section 27.023;
1-46 (3) comply with the requirements as to form and
1-47 content prescribed by this subchapter; and
1-48 (4) comply with Chapter 277, Election Code, except for
1-49 a provision of that chapter that conflicts with this chapter.
1-50 Sec. 27.022. FILING DEADLINE. A recall petition must be
1-51 filed not later than the 90th day after the initial date of
1-52 circulation of the petition for the recall of the officer.
1-53 Sec. 27.023. SIGNATURES REQUIRED. (a) The minimum number
1-54 of signatures that must appear on a recall petition is 15 percent
1-55 of the total vote received in the municipality, or in any ward or
1-56 similar district in the municipality over which the office has
1-57 jurisdiction if that ward or district is not coextensive with the
1-58 area comprising the municipality, by all candidates for governor in
1-59 the most recent gubernatorial election.
1-60 (b) To be valid, a signature must be:
1-61 (1) the signature of an individual who, at the time of
1-62 signing, is a registered voter of the municipality and of any ward
1-63 or similar district in the municipality over which the office has
1-64 jurisdiction if that ward or district is not coextensive with the
1-65 area comprising the municipality; and
1-66 (2) affixed on the petition on or after the initial
1-67 date of circulation of the petition and before the date of filing
1-68 or refiling of the petition.
2-1 Sec. 27.024. FORM AND CONTENT OF PETITION. (a) A recall
2-2 petition may propose the recall of only one officer.
2-3 (b) The following statement must appear at the top of each
2-4 page of the petition: "The purpose of this petition is to request
2-5 that an election be held to determine whether (officer's name) is
2-6 recalled from the office of (office title, including any place
2-7 number or other distinguishing number)."
2-8 (c) The initial date of circulation of the petition must
2-9 appear on each page of the petition.
2-10 (d) The pages of the petition must be duplicates except as
2-11 to signatures and information required to be affixed by signers and
2-12 circulators.
2-13 (e) The petition may consist of multiple parts.
2-14 (f) The part of the petition in which signatures appear must
2-15 contain the affidavit required by Section 27.026.
2-16 (g) The statement and date required by Subsections (b) and
2-17 (c) must appear, at the time of signing, on the petition on the
2-18 page on which each signature is affixed.
2-19 Sec. 27.025. METHOD OF ACQUIRING SIGNATURE. A person
2-20 circulating a recall petition must:
2-21 (1) before permitting a person to sign, point out and
2-22 read to the person the statement required by Section 27.024(b);
2-23 (2) witness each signature;
2-24 (3) ascertain that each date of signing is correct;
2-25 and
2-26 (4) before the petition is filed, verify each signer's
2-27 registration status and ascertain that each registration number
2-28 entered on the petition is correct.
2-29 Sec. 27.026. AFFIDAVIT OF CIRCULATOR. (a) Each part of a
2-30 recall petition must include an affidavit of the person who
2-31 circulated it stating that the person:
2-32 (1) pointed out and read to each signer, before the
2-33 petition was signed, the statement required by Section 27.024(b);
2-34 (2) witnessed each signature;
2-35 (3) verified each signer's registration status; and
2-36 (4) believes each signature to be genuine and the
2-37 corresponding information correct.
2-38 (b) The printed name and residence address of the circulator
2-39 and the date of execution of the affidavit must be included in the
2-40 affidavit.
2-41 SUBCHAPTER C. FILING AND DETERMINATION OF VALIDITY
2-42 Sec. 27.041. AUTHORITY WITH WHOM PETITION FILED. (a) A
2-43 recall petition must be filed with the clerk or secretary of the
2-44 governing body of the municipality or, if the municipality has no
2-45 clerk or secretary, with the municipality's mayor.
2-46 (b) All parts of the petition must be filed on the same
2-47 date.
2-48 Sec. 27.042. COVER LETTER. A cover letter containing the
2-49 following information must accompany a recall petition:
2-50 (1) name and title of the officer sought to be
2-51 recalled;
2-52 (2) signature, printed name, business or residence
2-53 address, and telephone number of at least one but not more than
2-54 three proponents of the recall;
2-55 (3) date of filing; and
2-56 (4) number of parts of the petition.
2-57 Sec. 27.043. REVIEW OF PETITION. (a) On the filing of a
2-58 recall petition, the authority with whom the petition is filed
2-59 shall review the petition to determine its validity.
2-60 (b) The review shall be completed as soon as practicable
2-61 after the date of filing.
2-62 Sec. 27.044. ACTION ON PETITION. (a) If the authority with
2-63 whom the petition is filed determines that the petition is valid
2-64 and the date of filing does not violate Section 27.002, the
2-65 authority shall order an election in the municipality, or only in
2-66 the ward or similar district over which the office has jurisdiction
2-67 if that ward or district is not coextensive with the area
2-68 comprising the municipality, on the question of recalling the
2-69 officer.
2-70 (b) If the authority determines that the petition is invalid
3-1 or the date of filing violates Section 27.002, the authority shall
3-2 promptly reject the petition and return it along with written
3-3 reasons for the rejection to one of the proponents of the recall.
3-4 (c) A rejected petition may be refiled before the deadline
3-5 prescribed by Section 27.022.
3-6 Sec. 27.045. NOTICE TO OFFICER. (a) Not later than the
3-7 fifth day after the date a determination is made under Section
3-8 27.044, the authority with whom the petition is filed shall deliver
3-9 by registered mail a written notice of the determination to the
3-10 officer sought to be recalled.
3-11 (b) If a recall election is ordered, the notice must include
3-12 the date of the election.
3-13 SUBCHAPTER D. RECALL ELECTION
3-14 Sec. 27.061. ELECTION ORDER; DATE. (a) A recall election
3-15 shall be ordered not later than the fourth day after the date a
3-16 determination is made under Section 27.044(a).
3-17 (b) The recall election shall be held on the first uniform
3-18 election date that occurs at least 45 days after the date the
3-19 election is ordered.
3-20 (c) If the election date required by Subsection (b) occurs
3-21 on a date on which the officer who is the subject of the recall no
3-22 longer holds the office, the recall election may not be held.
3-23 Sec. 27.062. FORM OF BALLOT. The ballot for a recall
3-24 election shall be printed to provide for voting for or against the
3-25 proposition: "Recalling (officer's name) from the office of
3-26 (office title, including any place number or other distinguishing
3-27 number)."
3-28 Sec. 27.063. CONDUCT OF ELECTION. Except as otherwise
3-29 provided by this chapter, a recall election shall be, to the extent
3-30 possible, conducted and the results canvassed, tabulated, and
3-31 reported in accordance with the procedures prescribed by law for a
3-32 general election for the office subject to recall.
3-33 SUBCHAPTER E. EFFECT OF RECALL ELECTION
3-34 Sec. 27.081. VOTE NECESSARY FOR RECALL. If a majority of
3-35 the votes received in a recall election vote "for," the officer is
3-36 recalled from office and a vacancy in that office occurs on the
3-37 date the final canvass of the election is completed.
3-38 Sec. 27.082. FILLING VACANCY AFTER RECALL. A vacancy in
3-39 office resulting from a recall election is filled as generally
3-40 provided by law for a vacancy in that office.
3-41 Sec. 27.083. INELIGIBILITY OF RECALLED OFFICER. An officer
3-42 who is recalled may not be appointed, during the term from which
3-43 the officer is recalled, to fill a vacancy in the office from which
3-44 the recall is made.
3-45 Sec. 27.084. INELIGIBILITY OF RESIGNED OFFICER. An officer
3-46 who resigns on or after the initial date of circulation of a
3-47 petition demanding the officer's recall may not be appointed,
3-48 during the term from which the officer resigns, to fill a vacancy
3-49 in the office from which the recall is demanded.
3-50 SECTION 2. This Act takes effect September 1, 1995.
3-51 SECTION 3. The importance of this legislation and the
3-52 crowded condition of the calendars in both houses create an
3-53 emergency and an imperative public necessity that the
3-54 constitutional rule requiring bills to be read on three several
3-55 days in each house be suspended, and this rule is hereby suspended.
3-56 * * * * *