By Truitt H.B. No. 3836
76R13039 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a recall election to remove a member of the
1-3 governing body of a general-law municipality.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.002, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 21.002. RECALL OF MEMBER OF GOVERNING BODY OF
1-8 GENERAL-LAW MUNICIPALITY. (a) The voters of a general-law
1-9 municipality may recall a member of the governing body of the
1-10 municipality in an election held for that purpose as provided by
1-11 this section.
1-12 (b) A recall election is initiated by filing a recall
1-13 petition with the municipal clerk or secretary. If the removal of
1-14 more than one member of the governing body is sought, a separate
1-15 petition for each member must be filed.
1-16 (c) The petition must:
1-17 (1) be signed, during the 60 days preceding the date
1-18 the petition is filed, by at least 10 percent of the registered
1-19 voters of the area in the municipality from which the member of the
1-20 governing body is elected;
1-21 (2) include a statement demanding the removal of the
1-22 member of the governing body;
1-23 (3) include a general statement of the grounds for
1-24 which the removal is sought; and
2-1 (4) include the information required by Chapter 277,
2-2 Election Code.
2-3 (d) Before the 21st day after the date the petition is
2-4 filed, the municipal clerk or secretary shall:
2-5 (1) examine the petition and certify in writing
2-6 whether the petition complies with Subsection (c); and
2-7 (2) present the certification to the governing body of
2-8 the municipality.
2-9 (e) If the member of the governing body whose removal is
2-10 sought does not resign before the sixth day after the date a
2-11 petition certified as complying with Subsection (c) is presented to
2-12 the governing body, the governing body shall order a recall
2-13 election in the area of the municipality from which the member is
2-14 elected. The governing body shall order the election for a date
2-15 after the 45th day but before the 60th day after the date the
2-16 certified petition is presented to the governing body.
2-17 (f) The ballot for a recall election shall be printed to
2-18 permit voting for or against the proposition: "The removal of
2-19 (name of the member of the governing body) from the governing body
2-20 of (name of the municipality)."
2-21 (g) If a majority of the votes received at the recall
2-22 election are against removal of the member of the governing body
2-23 named on the ballot, the member remains in office. If a majority
2-24 of the votes received are in favor of the removal of the member,
2-25 the governing body shall immediately declare the member's office
2-26 vacant and the vacancy shall be filled in the manner prescribed by
2-27 law for filling a vacancy on the governing body. A member removed
3-1 by recall may not be appointed to fill the vacancy and may not be a
3-2 candidate in any election called to fill the vacancy.
3-3 (h) A recall petition may not be filed against a member of
3-4 the governing body during the 180 days following the date the
3-5 member first takes office. [REMOVAL OF MAYOR OR ALDERMAN IN
3-6 GENERAL-LAW MUNICIPALITY. (a) This section applies only to a
3-7 general-law municipality.]
3-8 [(b) In this section:]
3-9 [(1) "Incompetency" means:]
3-10 [(A) gross ignorance of official duties;]
3-11 [(B) gross carelessness in the discharge of
3-12 official duties; or]
3-13 [(C) inability or unfitness to promptly and
3-14 properly discharge official duties because of a serious mental or
3-15 physical defect that did not exist at the time of the officer's
3-16 election.]
3-17 [(2) "Official misconduct" means intentional unlawful
3-18 behavior relating to official duties by an officer entrusted with
3-19 the administration of justice or the execution of the law. The
3-20 term includes an intentional or corrupt failure, refusal, or
3-21 neglect of an officer to perform a duty imposed on the officer by
3-22 law.]
3-23 [(c) The mayor or an alderman of a municipality may be
3-24 removed from office for:]
3-25 [(1) official misconduct;]
3-26 [(2) intentional violation of a municipal ordinance;]
3-27 [(3) habitual drunkenness;]
4-1 [(4) incompetency; or]
4-2 [(5) a cause prescribed by a municipal ordinance.]
4-3 [(d) When a written sworn complaint that charges an alderman
4-4 with an act or omission that constitutes grounds for removal from
4-5 office is presented to the mayor, the mayor shall:]
4-6 [(1) file the complaint;]
4-7 [(2) cause a copy of the complaint to be served on the
4-8 charged alderman;]
4-9 [(3) set a date for the trial of the case; and]
4-10 [(4) notify the charged alderman and the other
4-11 aldermen of the municipality to appear on that day.]
4-12 [(e) The mayor and aldermen, except the charged alderman,
4-13 constitute a court to try and determine the case against the
4-14 charged alderman.]
4-15 [(f) When such a complaint is made against the mayor, the
4-16 complaint must be presented to an alderman of the municipality.
4-17 That alderman shall:]
4-18 [(1) file the complaint;]
4-19 [(2) cause a copy of the complaint to be served on the
4-20 mayor;]
4-21 [(3) set a date for the trial of the case; and]
4-22 [(4) notify the mayor and the other aldermen to appear
4-23 on that day.]
4-24 [(g) A majority of the aldermen constitutes a court to try
4-25 and determine the case against the mayor. The aldermen shall
4-26 select one of the aldermen to preside during the trial.]
4-27 [(h) A proceeding under this section is subject to the rules
5-1 governing a proceeding or trial in a justice court. If two-thirds
5-2 of the members of the court who are present at the trial of the
5-3 case find the defendant guilty of the charges contained in the
5-4 complaint and find that the charges are sufficient cause for
5-5 removal from office, the presiding officer of the court shall enter
5-6 a judgment removing the charged officer and declaring the office
5-7 vacant. If the defendant is found not guilty, judgment shall be
5-8 entered accordingly.]
5-9 [(i) An officer removed under this section is not eligible
5-10 for reelection to the same office for two years after the date of
5-11 the removal.]
5-12 [(j) An officer may not be removed under this section for an
5-13 act the officer committed before election to office.]
5-14 SECTION 2. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended,
5-19 and that this Act take effect and be in force from and after its
5-20 passage, and it is so enacted.