84R11284 SCL-D

By: Davis of Dallas H.B. No. 3380

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.