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.