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A BILL TO BE ENTITLED
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AN ACT
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relating to filling certain vacancies on the governing bodies of |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.010, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A person serving as a member of the governing body is |
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not, because of that service, ineligible to be appointed to fill a |
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vacancy in the office of mayor of the municipality, but the person |
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may not vote on the person's own appointment. |
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SECTION 2. Section 23.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 23.002. FILLING VACANCY IN MUNICIPAL OFFICE. (a) |
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The aldermen on the governing body of the municipality shall fill |
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any vacancy that occurs in an office created by this chapter or |
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created under this chapter by the governing body unless an election |
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to fill the vacancy is required by Article XI, Section 11, of the |
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Texas Constitution. The vacant office shall be filled for the |
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unexpired term only. |
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(b) A person serving as a member of the governing body is |
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not, because of that service, ineligible to be appointed to fill a |
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vacancy in the office of mayor of the municipality, but the person |
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may not vote on the person's own appointment. |
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SECTION 3. Subsection (a), Section 24.026, Local Government |
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Code, is amended to read as follows: |
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(a) If the mayor or commissioner of a municipality dies or |
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resigns, the other members of the governing body of the |
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municipality shall appoint a person to fill the vacancy. A person |
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serving as a member of the governing body is not, because of that |
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service, ineligible to be appointed to fill a vacancy in the office |
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of mayor of the municipality, but the person may not vote on the |
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person's own appointment. |
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SECTION 4. Subchapter C, Chapter 26, Local Government Code, |
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is amended by adding Section 26.047 to read as follows: |
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Sec. 26.047. FILLING VACANCY IN OFFICE OF MAYOR. Unless |
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otherwise provided by the charter of the municipality or this |
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chapter, a person serving as a member of the governing body of the |
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municipality is not, because of that service, ineligible to be |
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appointed to fill a vacancy in the office of mayor of the |
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municipality, but the person may not vote on the person's own |
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appointment. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |