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