By:  Whitmire                                         S.B. No. 1175

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to recall elections to remove a member of the board of

 1-2     directors of a municipal utility district.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter C, Chapter 54, Water Code, is amended

 1-5     by adding Section 54.103 to read as follows:

 1-6           Sec. 54.103.  RECALL ELECTION PROCEDURES.  (a)  The qualified

 1-7     voters of a district in an election held for the purpose may recall

 1-8     a member of the board as provided by this section.

 1-9           (b)  A recall election is initiated by filing a recall

1-10     petition with the general manager of the district or the attorney

1-11     for the district.

1-12           (c)  The petition must be signed and verified by at least 10

1-13     percent of the qualified voters of the district, include a

1-14     statement demanding the removal of a director, and contain a

1-15     general statement of the grounds for which the removal is sought.

1-16     One of the signers of each page of the petition must make an

1-17     affidavit that the statements made in the petition are true.

1-18           (d)  Not later than the 20th day after the petition is filed,

1-19     the general manager or attorney for the district shall examine the

1-20     petition and determine whether it complies with Subsection (c).

1-21     The general manager or attorney for the district shall certify in

1-22     writing whether the petition complies with Subsection (c) and shall

1-23     present this certification to the board.

 2-1           (e)  If the director whose removal is sought does not resign

 2-2     within five days after the presentation to the board of a petition

 2-3     certified as complying with Subsection (c), the board shall order

 2-4     and hold a recall election not less than 30 or more than 60 days

 2-5     after the certified petition is presented to the board.

 2-6           (f)  The ballot for a recall election shall be as follows:

 2-7                 (1)  for each director whose removal is sought the

 2-8     following question shall be submitted:  "Shall (name of director)

 2-9     be removed from the office of director of the (name of district)?";

2-10     and

2-11                 (2)  immediately below each question the following

2-12     propositions shall be printed, in the order indicated:

2-13                       "For the recall of (name of director)"

2-14                       "Against the recall of (name of director)."

2-15           (g)  If a majority of the votes cast are cast against removal

2-16     of the director named on the ballot, that director shall remain in

2-17     office.  If a majority of the votes cast are in favor of the

2-18     removal of the director named on the ballot, the board shall

2-19     immediately declare that director's office vacant and the vacancy

2-20     shall be filled at an election called to replace the recalled

2-21     director.  Notwithstanding Section 49.103, the election shall be

2-22     held not less than 30 or more than 90 days after the date the board

2-23     declares the recalled director's office vacant.  A director removed

2-24     by recall may not be a candidate in an election called to fill the

2-25     vacancy created by the director's removal.  The board may not

 3-1     appoint a director removed by recall to fill an unexpired term.

 3-2           (h)  A recall petition may not be filed against a director

 3-3     within six months after the director takes office.  A director may

 3-4     not be subject to more than one recall election during one term of

 3-5     office.

 3-6           SECTION 2.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended,

3-11     and that this Act take effect and be in force from and after its

3-12     passage, and it is so enacted.