By: Seliger S.B. No. 653

(In the Senate - Filed February 15, 2007; February 28, 2007, read first time and referred to Committee on Intergovernmental Relations; March 21, 2007, reported favorably by the following vote: Yeas 3, Nays 0; March 21, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to filling certain vacancies on the governing bodies of municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22.010, Local Government Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.

SECTION 2. Section 23.002, Local Government Code, is amended to read as follows:

Sec. 23.002. FILLING VACANCY IN MUNICIPAL OFFICE. (a) The aldermen on the governing body of the municipality shall fill any vacancy that occurs in an office created by this chapter or created under this chapter by the governing body unless an election to fill the vacancy is required by Article XI, Section 11, of the Texas Constitution. The vacant office shall be filled for the unexpired term only.

(b) A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.

SECTION 3. Subsection (a), Section 24.026, Local Government Code, is amended to read as follows:

(a) If the mayor or commissioner of a municipality dies or resigns, the other members of the governing body of the municipality shall appoint a person to fill the vacancy. A person serving as a member of the governing body is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.

SECTION 4. Subchapter C, Chapter 26, Local Government Code, is amended by adding Section 26.047 to read as follows:

Sec. 26.047. FILLING VACANCY IN OFFICE OF MAYOR. Unless otherwise provided by the charter of the municipality or this chapter, a person serving as a member of the governing body of the municipality is not, because of that service, ineligible to be appointed to fill a vacancy in the office of mayor of the municipality, but the person may not vote on the person's own appointment.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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