1-1     By:  Whitmire                                         S.B. No. 1175

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 10,

 1-5     Nays 0; April 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to recall elections to remove a member of the board of

 1-9     directors of a municipal utility district.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter C, Chapter 54, Water Code, is amended

1-12     by adding Section 54.103 to read as follows:

1-13           Sec. 54.103.  RECALL ELECTION PROCEDURES.  (a)  The qualified

1-14     voters of a district in an election held for the purpose may recall

1-15     a member of the board as provided by this section.

1-16           (b)  A recall election is initiated by filing a recall

1-17     petition with the general manager of the district or the attorney

1-18     for the district.

1-19           (c)  The petition must be signed and verified by at least 10

1-20     percent of the qualified voters of the district, include a

1-21     statement demanding the removal of a director, and contain a

1-22     general statement of the grounds for which the removal is sought.

1-23     One of the signers of each page of the petition must make an

1-24     affidavit that the statements made in the petition are true.

1-25           (d)  Not later than the 20th day after the petition is filed,

1-26     the general manager or attorney for the district shall examine the

1-27     petition and determine whether it complies with Subsection (c).

1-28     The general manager or attorney for the district shall certify in

1-29     writing whether the petition complies with Subsection (c) and shall

1-30     present this certification to the board.

1-31           (e)  If the director whose removal is sought does not resign

1-32     within five days after the presentation to the board of a petition

1-33     certified as complying with Subsection (c), the board shall order

1-34     and hold a recall election not less than 30 or more than 60 days

1-35     after the certified petition is presented to the board.

1-36           (f)  The ballot for a recall election shall be as follows:

1-37                 (1)  for each director whose removal is sought the

1-38     following question shall be submitted:  "Shall (name of director)

1-39     be removed from the office of director of the (name of district)?";

1-40     and

1-41                 (2)  immediately below each question the following

1-42     propositions shall be printed, in the order indicated:

1-43                       "For the recall of (name of director)"

1-44                       "Against the recall of (name of director)."

1-45           (g)  If a majority of the votes cast are cast against removal

1-46     of the director named on the ballot, that director shall remain in

1-47     office.  If a majority of the votes cast are in favor of the

1-48     removal of the director named on the ballot, the board shall

1-49     immediately declare that director's office vacant and the vacancy

1-50     shall be filled at an election called to replace the recalled

1-51     director.  Notwithstanding Section 49.103, the election shall be

1-52     held not less than 30 or more than 90 days after the date the board

1-53     declares the recalled director's office vacant.  A director removed

1-54     by recall may not be a candidate in an election called to fill the

1-55     vacancy created by the director's removal.  The board may not

1-56     appoint a director removed by recall to fill an unexpired term.

1-57           (h)  A recall petition may not be filed against a director

1-58     within six months after the director takes office.  A director may

1-59     not be subject to more than one recall election during one term of

1-60     office.

1-61           SECTION 2.  The importance of this legislation and the

1-62     crowded condition of the calendars in both houses create an

1-63     emergency and an imperative public necessity that the

1-64     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

 2-2     and that this Act take effect and be in force from and after its

 2-3     passage, and it is so enacted.

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