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. 2-4 * * * * *