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