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."