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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a political party's county chair. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 171, Election Code, is |
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amended by adding Section 171.029 to read as follows: |
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Sec. 171.029. REMOVAL OF COUNTY CHAIR. (a) In this |
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section: |
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(1) "Incompetency" means: |
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(A) gross ignorance of official duties; |
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(B) gross carelessness in the discharge of |
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official duties; or |
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(C) unfitness or inability to promptly and |
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properly discharge official duties because of a serious physical or |
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mental defect that did not exist at the time of the county chair's |
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election. |
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(2) "Official misconduct" means intentional, unlawful |
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behavior relating to a county chair's official duties. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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a county chair to perform an official duty. |
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(b) The state executive committee of a political party may |
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call a hearing on the issue of removing the county chair for |
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incompetency or official misconduct in response to a complaint from |
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a member of the political party in the county from which the chair |
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was elected. |
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(c) The state executive committee shall give notice to the |
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county chair not later than the 14th day before the date of the |
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hearing, stating the allegations of incompetency or official |
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misconduct. At the hearing, evidence must be presented of the |
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chair's incompetency or official misconduct, and the county chair |
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shall have the opportunity to examine or question the evidence |
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against the chair. |
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(d) After conducting the hearing and reviewing the |
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evidence, the state executive committee shall vote on the question |
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of the removal of the county chair. If at least three-fifths of the |
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membership of the state executive committee finds that the county |
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chair has demonstrated incompetency or committed official |
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misconduct, the committee shall suspend any party rules to the |
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extent necessary to: |
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(1) remove the chair; and |
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(2) enact a transition plan that includes provisions |
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to fill the vacancy created by the removal. |
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(e) Sections 171.024 and 171.025 do not apply to the filling |
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of a vacancy created by the removal of a county chair under this |
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section. |
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SECTION 2. 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, 2011. |