By Pitts H.J.R. No. 93 75R1441 DRH-D A JOINT RESOLUTION 1-1 proposing a constitutional amendment to allow the recall of a 1-2 member of the commissioners court of a county. 1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article V, Texas Constitution, is amended by 1-5 adding Section 24A to read as follows: 1-6 Sec. 24A. (a) A member of a commissioners court of a 1-7 county may be recalled from office as provided by this section. A 1-8 recall petition may not be filed: 1-9 (1) within 90 days after the beginning date of the 1-10 member's term; 1-11 (2) within 90 days after the date of a recall election 1-12 that failed to recall the member; or 1-13 (3) within 90 days before the date the member's term 1-14 expires. 1-15 (b) To be valid, a recall petition must: 1-16 (1) be timely filed with the appropriate authority; 1-17 (2) contain valid signatures in the number required by 1-18 Subsection (c) of this section; 1-19 (3) comply with the requirements as to form and 1-20 content prescribed by this section; and 1-21 (4) comply with general law relating to the validity 1-22 of a petition, except for a provision that conflicts with this 1-23 section. 1-24 (c) A recall petition must be filed not later than the 90th 2-1 day after the initial date of circulation of the petition for the 2-2 recall of the member. The minimum number of signatures that must 2-3 appear on a recall petition is 25 percent of the total vote 2-4 received by all candidates for governor in the most recent 2-5 gubernatorial election: 2-6 (1) in the county, if the subject of the recall 2-7 petition is the county judge; or 2-8 (2) in the commissioners precinct that the subject of 2-9 the recall petition represents. 2-10 (d) To be valid, a signature: 2-11 (1) must be the signature of an individual who, at the 2-12 time of signing, is a registered voter of: 2-13 (A) the county, if the subject of the recall 2-14 petition is the county judge; or 2-15 (B) the commissioners precinct that the subject 2-16 of the recall petition represents; and 2-17 (2) must be affixed on the petition on or after the 2-18 initial date of circulation of the petition and before the date of 2-19 filing or refiling of the petition. 2-20 (e) A recall petition may propose the recall of only one 2-21 member of the commissioners court. The following statement must 2-22 appear at the top of each page of the petition: "The purpose of 2-23 this petition is to request that an election be held to determine 2-24 whether (member's name) should be recalled from the office of 2-25 (county judge or county commissioner, as appropriate) and from 2-26 membership on the commissioners court of (name of county) County." 2-27 (f) The initial date of circulation of the petition must 3-1 appear on each page of the petition. The pages of the petition 3-2 must be duplicates except as to signatures and information required 3-3 to be affixed by signers and circulators. The petition may consist 3-4 of multiple parts. The part of the petition in which signatures 3-5 appear must contain the affidavit required by Subsection (h) of 3-6 this section. The statement required by Subsection (e) of this 3-7 section and the initial date required by this subsection must 3-8 appear, at the time of signing, on the petition on the page on 3-9 which each signature is affixed. 3-10 (g) A person circulating a recall petition must: 3-11 (1) before permitting a person to sign, point out and 3-12 read to the person the statement required by Subsection (e) of this 3-13 section; 3-14 (2) witness each signature; 3-15 (3) ascertain that each date of signing is correct; 3-16 and 3-17 (4) before the petition is filed, verify each signer's 3-18 registration status and ascertain that each registration number 3-19 entered on the petition is correct. 3-20 (h) Each part of a recall petition must include an affidavit 3-21 of the person who circulated it stating that the person: 3-22 (1) pointed out and read to each signer, before the 3-23 petition was signed, the statement required by Subsection (e) of 3-24 this section; 3-25 (2) witnessed each signature; 3-26 (3) verified each signer's registration status; and 3-27 (4) believes each signature to be genuine and the 4-1 corresponding information correct. 4-2 (i) The printed name and residence address of the circulator 4-3 and the date of execution of the affidavit must be included in the 4-4 affidavit described by Subsection (h) of this section. 4-5 (j) A recall petition must be filed with the county clerk. 4-6 All parts of the petition must be filed on the same date. 4-7 (k) A cover letter containing the following information must 4-8 accompany a recall petition: 4-9 (1) the name of the member sought to be recalled; 4-10 (2) the signature, printed name, business or residence 4-11 address, and telephone number of at least one but not more than 4-12 three proponents of the recall; 4-13 (3) the date of filing; and 4-14 (4) the number of parts of the petition. 4-15 (l) On the filing of a recall petition, the county clerk 4-16 shall review the petition to determine its validity. The review 4-17 shall be completed as soon as practicable after the date of filing. 4-18 (m) If the county clerk determines that the petition is 4-19 valid and the date of filing does not violate Subsection (a) of 4-20 this section, the clerk shall order an election in the county, if 4-21 the subject of the recall election is the county judge, or in the 4-22 commissioners precinct that the subject of the recall election 4-23 represents, as appropriate, on the question of recalling the 4-24 member. 4-25 (n) If the clerk determines that the petition is invalid or 4-26 the date of filing violates Subsection (a) of this section, the 4-27 clerk shall promptly reject the petition and return it along with 5-1 written reasons for the rejection to one of the proponents of the 5-2 recall. A rejected petition may be refiled before the deadline 5-3 prescribed by Subsection (c) of this section. 5-4 (o) Not later than the fifth day after the date a 5-5 determination is made under Subsection (l) of this section, the 5-6 county clerk shall deliver by registered mail a written notice of 5-7 the determination to the member sought to be recalled. If a recall 5-8 election is ordered, the notice must include the date of the 5-9 election. 5-10 (p) A recall election shall be ordered not later than the 5-11 fourth day after the date a determination is made under Subsection 5-12 (l) of this section. The recall election shall be held on the 5-13 first regular election date that occurs at least 45 days after the 5-14 date the election is ordered. If the election date required by 5-15 this subsection occurs on a date on which the member who is the 5-16 subject of the recall no longer holds the office, the recall 5-17 election may not be held. 5-18 (q) The ballot for a recall election shall be 5-19 printed to permit voting for or against the proposition: 5-20 "Recalling (member's name) from the office of (county judge or 5-21 county commissioner, as appropriate) and from membership on the 5-22 commissioners court of (name of county) County." 5-23 (r) Except as otherwise provided by this section, a recall 5-24 election shall be, to the extent possible, conducted and the 5-25 results canvassed, tabulated, and reported in accordance with the 5-26 procedures prescribed by law for a general election for a member of 5-27 the commissioners court. 6-1 (s) If a majority of the votes received in a recall election 6-2 vote "for," the member is recalled from office and a vacancy in 6-3 that office occurs on the date the final canvass of the election is 6-4 completed. 6-5 (t) If the office of county judge becomes vacant under this 6-6 section, the commissioners court shall appoint the judge of a 6-7 statutory county court or justice court of the county to 6-8 coordinate, if necessary, in accordance with Section 16, Article V, 6-9 of this constitution and general law, the disposition of matters 6-10 before the county court until the vacancy in the office of county 6-11 judge is filled. 6-12 (u) A vacancy in office resulting from a recall election is 6-13 filled as generally provided by law for a vacancy in the office of 6-14 county judge or in the other positions on the commissioners court, 6-15 as appropriate. A member who is recalled may not be appointed 6-16 during the term from which the member is recalled to fill a vacancy 6-17 in the office from which the recall is made. A member who resigns 6-18 on or after the initial date of circulation of a petition demanding 6-19 the member's recall may not be appointed during the term from which 6-20 the member resigns to fill a vacancy in the office from which the 6-21 recall is demanded. 6-22 SECTION 2. This proposed constitutional amendment shall be 6-23 submitted to the voters at an election to be held on November 4, 6-24 1997. The ballot shall be prepared to permit voting for or against 6-25 the proposition: "The constitutional amendment allowing for the 6-26 recall of a member of the commissioners court of a county."