By West S.B. No. 240
75R1893 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. APPLICABILITY. 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 (Sections 27.003-27.020 reserved for expansion
1-22 SUBCHAPTER B. RECALL PETITION
1-23 Sec. 27.021. VALIDITY OF PETITION. To be valid, a recall
1-24 petition must:
2-1 (1) be timely filed with the appropriate authority;
2-2 (2) contain valid signatures in the number required by
2-3 Section 27.023;
2-4 (3) comply with the requirements as to form and
2-5 content prescribed by this subchapter; and
2-6 (4) comply with Chapter 277, Election Code, except for
2-7 a provision of that chapter that conflicts with this chapter.
2-8 Sec. 27.022. FILING DEADLINE. A recall petition must be
2-9 filed not later than the 90th day after the initial date of
2-10 circulation of the petition for the recall of the officer.
2-11 Sec. 27.023. SIGNATURES REQUIRED. (a) The minimum number
2-12 of signatures that must appear on a recall petition is 25 percent
2-13 of the total vote received in the municipality, or in any ward or
2-14 similar district in the municipality over which the office has
2-15 jurisdiction if that ward or district is not coextensive with the
2-16 area comprising the municipality, by all candidates for governor in
2-17 the most recent gubernatorial election.
2-18 (b) To be valid, a signature must be:
2-19 (1) the signature of an individual who, at the time of
2-20 signing, is a registered voter of the municipality and of any ward
2-21 or similar district in the municipality over which the office has
2-22 jurisdiction if that ward or district is not coextensive with the
2-23 area comprising the municipality; and
2-24 (2) affixed on the petition on or after the initial
2-25 date of circulation of the petition and before the date of filing
2-26 or refiling of the petition.
2-27 Sec. 27.024. FORM AND CONTENT OF PETITION. (a) A recall
3-1 petition may propose the recall of only one officer.
3-2 (b) The following statement must appear at the top of each
3-3 page of the petition: "The purpose of this petition is to request
3-4 that an election be held to determine whether (officer's name) is
3-5 recalled from the office of (office title, including any place
3-6 number or other distinguishing number)."
3-7 (c) The initial date of circulation of the petition must
3-8 appear on each page of the petition.
3-9 (d) The pages of the petition must be duplicates except as
3-10 to signatures and information required to be affixed by signers and
3-11 circulators.
3-12 (e) The petition may consist of multiple parts.
3-13 (f) The part of the petition in which signatures appear must
3-14 contain the affidavit required by Section 27.026.
3-15 (g) The statement and date required by Subsections (b) and
3-16 (c) must appear, at the time of signing, on the petition on the
3-17 page on which each signature is affixed.
3-18 Sec. 27.025. METHOD OF ACQUIRING SIGNATURE. A person
3-19 circulating a recall petition must:
3-20 (1) before permitting a person to sign, point out and
3-21 read to the person the statement required by Section 27.024(b);
3-22 (2) witness each signature;
3-23 (3) ascertain that each date of signing is correct;
3-24 and
3-25 (4) before the petition is filed, verify each signer's
3-26 registration status and ascertain that each registration number
3-27 entered on the petition is correct.
4-1 Sec. 27.026. AFFIDAVIT OF CIRCULATOR. (a) Each part of a
4-2 recall petition must include an affidavit of the person who
4-3 circulated it stating that the person:
4-4 (1) pointed out and read to each signer, before the
4-5 petition was signed, the statement required by Section 27.024(b);
4-6 (2) witnessed each signature;
4-7 (3) verified each signer's registration status; and
4-8 (4) believes each signature to be genuine and the
4-9 corresponding information correct.
4-10 (b) The printed name and residence address of the circulator
4-11 and the date of execution of the affidavit must be included in the
4-12 affidavit.
4-13 (Sections 27.027-27.040 reserved for expansion
4-14 SUBCHAPTER C. FILING AND DETERMINATION OF VALIDITY
4-15 Sec. 27.041. AUTHORITY WITH WHOM PETITION FILED. (a) A
4-16 recall petition must be filed with the clerk or secretary of the
4-17 governing body of the municipality or, if the municipality has no
4-18 clerk or secretary, with the municipality's mayor.
4-19 (b) All parts of the petition must be filed on the same
4-20 date.
4-21 Sec. 27.042. COVER LETTER. A cover letter containing the
4-22 following information must accompany a recall petition:
4-23 (1) name and title of the officer sought to be
4-24 recalled;
4-25 (2) signature, printed name, business or residence
4-26 address, and telephone number of at least one but not more than
4-27 three proponents of the recall;
5-1 (3) date of filing; and
5-2 (4) number of parts of the petition.
5-3 Sec. 27.043. REVIEW OF PETITION. (a) On the filing of a
5-4 recall petition, the authority with whom the petition is filed
5-5 shall review the petition to determine its validity.
5-6 (b) The review shall be completed as soon as practicable
5-7 after the date of filing.
5-8 Sec. 27.044. ACTION ON PETITION. (a) If the authority with
5-9 whom the petition is filed determines that the petition is valid
5-10 and the date of filing does not violate Section 27.002, the
5-11 authority shall order an election in the municipality, or only in
5-12 the ward or similar district over which the office has jurisdiction
5-13 if that ward or district is not coextensive with the area
5-14 comprising the municipality, on the question of recalling the
5-15 officer.
5-16 (b) If the authority determines that the petition is invalid
5-17 or the date of filing violates Section 27.002, the authority shall
5-18 promptly reject the petition and return it along with written
5-19 reasons for the rejection to one of the proponents of the recall.
5-20 (c) A rejected petition may be refiled before the deadline
5-21 prescribed by Section 27.022.
5-22 Sec. 27.045. NOTICE TO OFFICER. (a) Not later than the
5-23 fifth day after the date a determination is made under Section
5-24 27.044, the authority with whom the petition is filed shall deliver
5-25 by registered mail a written notice of the determination to the
5-26 officer sought to be recalled.
5-27 (b) If a recall election is ordered, the notice must include
6-1 the date of the election.
6-2 (Sections 27.046-27.060 reserved for expansion
6-3 SUBCHAPTER D. RECALL ELECTION
6-4 Sec. 27.061. ELECTION ORDER; DATE. (a) A recall election
6-5 shall be ordered at the next regularly scheduled meeting of the
6-6 governing body of the municipality that occurs after notice has
6-7 been given to the officer under Section 27.045.
6-8 (b) The recall election shall be held on the first uniform
6-9 election date that occurs at least 45 days after the date the
6-10 election is ordered.
6-11 (c) If the election date required by Subsection (b) occurs
6-12 on a date on which the officer who is the subject of the recall no
6-13 longer holds the office, the recall election may not be held.
6-14 Sec. 27.062. FORM OF BALLOT. The ballot for a recall
6-15 election shall be printed to provide for voting for or against the
6-16 proposition: "Recalling (officer's name) from the office of
6-17 (office title, including any place number or other distinguishing
6-18 number)."
6-19 Sec. 27.063. CONDUCT OF ELECTION. Except as otherwise
6-20 provided by this chapter, a recall election shall be, to the extent
6-21 possible, conducted and the results canvassed, tabulated, and
6-22 reported in accordance with the procedures prescribed by law for a
6-23 general election for the office subject to recall.
6-24 (Sections 27.064-27.080 reserved for expansion
6-25 SUBCHAPTER E. EFFECT OF RECALL ELECTION
6-26 Sec. 27.081. VOTE NECESSARY FOR RECALL. If a majority of
6-27 the votes received in a recall election vote "for," the officer is
7-1 recalled from office and a vacancy in that office occurs on the
7-2 date the final canvass of the election is completed.
7-3 Sec. 27.082. FILLING VACANCY AFTER RECALL. A vacancy in
7-4 office resulting from a recall election is filled as generally
7-5 provided by law for a vacancy in that office.
7-6 Sec. 27.083. INELIGIBILITY OF RECALLED OFFICER. An officer
7-7 who is recalled may not be appointed, during the term from which
7-8 the officer is recalled, to fill a vacancy in the office from which
7-9 the recall is made.
7-10 Sec. 27.084. INELIGIBILITY OF RESIGNED OFFICER. An officer
7-11 who resigns on or after the initial date of circulation of a
7-12 petition demanding the officer's recall may not be appointed,
7-13 during the term from which the officer resigns, to fill a vacancy
7-14 in the office from which the recall is demanded.
7-15 SECTION 2. Section 21.002, Local Government Code, is
7-16 repealed, except that Section 21.002 is continued in effect for the
7-17 limited purpose of allowing for the disposition of any complaint
7-18 made under that law before the effective date of this Act.
7-19 SECTION 3. This Act takes effect September 1, 1997.
7-20 SECTION 4. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.