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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for and process by which elected officers of |
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certain home-rule municipalities may be removed from office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 26, Local Government Code, |
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is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. GROUNDS FOR REMOVAL AND REMOVAL PROCESS IN |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality with a population of 36,400 to 38,600 located in a |
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county with a population of 2.2 million and less than 4 million. |
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(b) The governing body of a municipality may remove an |
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elected officer of the municipality from office in accordance with |
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the municipality's charter, except that the governing body may not |
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remove an elected officer if the removal is based solely on the |
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officer's performance of an official duty. |
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(c) Any process by which the governing body of a |
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municipality removes an elected officer of the municipality from |
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office must include providing to the officer: |
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(1) written notice of the grounds for removal; and |
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(2) an opportunity for a public hearing that complies |
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with Chapter 551, Government Code, at which the officer may present |
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evidence, including witnesses. |
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(d) The governing body of a municipality shall publish |
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notice of a public hearing under Subsection (c)(2) in a newspaper of |
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general circulation in the municipality not later than the 14th day |
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before the date of the hearing. |
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(e) Testimony of a witness in a public hearing under |
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Subsection (c)(2) must be provided under oath. |
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(f) The removal of an elected officer from office that does |
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not comply with this section is not effective. |
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(g) This section does not affect any right provided under a |
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municipal charter for the voters of the municipality to remove an |
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elected officer. |
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SECTION 2. (a) Section 26.048, Local Government Code, as |
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added by this Act, does not apply to an office for which the vacancy |
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occurs before the effective date of this Act. |
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(b) A home-rule municipality that does not have an ordinance |
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or charter provision providing the process required by Section |
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26.048, Local Government Code, as added by this Act, must adopt such |
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a process not later than October 1, 2015. |
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SECTION 3. This Act takes effect September 1, 2015. |