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 (d) Each part of a petition under this section must include
1-17 an affidavit of the person who circulated it stating that the
1-18 person:
1-19 (1) pointed out and read to each signer, before the
1-20 petition was signed, each statement pertaining to the signer that
1-21 appears on the petition;
1-22 (2) witnessed each signature;
1-23 (3) verified each signer's registration status; and
2-1 (4) believes each signature to be genuine and the
2-2 corresponding information to be correct.
2-3 (e) If a petition under this section contains an affidavit
2-4 that complies with Subsection (d), for the purpose of determining
2-5 whether the petition contains a sufficient number of valid
2-6 signatures, the authority with whom the petition is filed may treat
2-7 as valid each signature to which the affidavit applies without
2-8 further verification unless proven otherwise.
2-9 (f) Not later than the 20th day after the petition is filed,
2-10 the general manager or attorney for the district shall examine the
2-11 petition and determine whether it complies with Subsections (c),
2-12 (d), and (e). The general manager or attorney for the district
2-13 shall certify in writing whether the petition complies with
2-14 Subsections (c), (d), and (e) and shall present this certification
2-15 to the board.
2-16 (g) If the director whose removal is sought does not resign
2-17 within five days after the presentation to the board of a petition
2-18 certified as complying with Subsections (c), (d), and (e), the
2-19 board shall order and hold a recall election not less than 30 or
2-20 more than 60 days after the certified petition is presented to the
2-21 board.
2-22 (h) The ballot for a recall election shall be as follows:
2-23 (1) for each director whose removal is sought the
2-24 following question shall be submitted: "Shall (name of director)
2-25 be removed from the office of director of the (name of district)?";
3-1 and
3-2 (2) immediately below each question the following
3-3 propositions shall be printed, in the order indicated:
3-4 "For the recall of (name of director)"
3-5 "Against the recall of (name of director)."
3-6 (i) If a majority of the votes cast are cast against removal
3-7 of the director named on the ballot, that director shall remain in
3-8 office. If a majority of the votes cast are in favor of the
3-9 removal of the director named on the ballot, the board shall
3-10 immediately declare that director's office vacant and the vacancy
3-11 shall be filled at an election called to replace the recalled
3-12 director. Notwithstanding Section 49.103, the election shall be
3-13 held not less than 30 or more than 90 days after the date the board
3-14 declares the recalled director's office vacant. An election held
3-15 under this section is not subject to Section 41.001(a), Election
3-16 Code. A director removed by recall may not be a candidate in an
3-17 election called to fill the vacancy created by the director's
3-18 removal. The board may not appoint a director removed by recall to
3-19 fill an unexpired term.
3-20 (j) A recall petition may not be filed against a director
3-21 within six months after the director takes office. A director may
3-22 not be subject to more than one recall election during one term of
3-23 office.
3-24 SECTION 2. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1175 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 18, 1997, by the
following vote: Yeas 28, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1175 passed the House, with
amendment, on May 16, 1997, by the following vote: Yeas 137,
Nays 4, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor