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A JOINT RESOLUTION
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proposing a constitutional amendment allowing the voters to remove |
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elected officials finally convicted of a felony from office by |
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means of a recall election. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article VI, Texas Constitution, is amended by |
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adding Section 6 to read as follows: |
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Sec. 6. (a) The qualified voters may recall the following |
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elected officers from office if the officer is finally convicted of |
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a felony: |
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(1) any state officer who serves in a position elected |
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by the qualified voters of the entire state; |
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(2) any state officer who serves in a position elected |
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by the qualified voters of a territory less than statewide; |
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(3) any member of the legislature; |
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(4) any county officer who serves in a position |
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elected by the qualified voters of the entire county; |
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(5) any member of a commissioners court or other |
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county officer who serves in a position elected by qualified voters |
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of a territory less than countywide; and |
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(6) any elective officer of any special district |
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created by state law. |
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(b) An application for a recall election must: |
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(1) be limited to one office; |
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(2) contain on each page: |
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(A) the heading "An Application for a Recall |
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Election"; |
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(B) the title of the office in question, |
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including any applicable place or district number; and |
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(C) a succinct statement that it is the desire of |
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the signers to remove the incumbent from that office; |
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(3) be signed by qualified voters in a number equal to |
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at least 10 percent of all votes cast for the office that is the |
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target of the recall at the most recent regular election at which |
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that office was filled; |
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(4) contain for each signer the residence address or |
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voter registration number and the signer's name in typewritten or |
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legibly hand-printed form; and |
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(5) be in a form prescribed by the secretary of state. |
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(c) The application for a recall election must be submitted |
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to the secretary of state when the office in question is statewide |
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or involves a constituency composed of more than one county and to |
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the county clerk when the office in question is countywide or |
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involves a constituency composed of a territory less than |
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countywide. Not later than the 60th day after the date the |
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secretary of state or county clerk receives the application, the |
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secretary or clerk shall examine the application to determine the |
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validity of the signatures and shall endorse the application if it |
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contains the requisite number of valid signatures. |
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(d) Upon the endorsement of validity, the secretary of state |
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or county clerk, as appropriate, shall order an election to be held |
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on the first Saturday that is not a legal holiday that occurs after |
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30 days have elapsed from the date of endorsement. The question |
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before the electorate shall be: "Shall (HERE SPECIFY THE NAME OF |
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THE INCUMBENT) be removed from the office of (HERE SPECIFY THE |
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OFFICE IN QUESTION, INCLUDING ANY APPLICABLE PLACE OR DISTRICT |
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NUMBER) because (HERE SPECIFY THE NAME OF THE INCUMBENT) has been |
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finally convicted of a felony?" If a majority of the votes cast at |
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the election answer in the affirmative, the office in question |
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becomes vacant 20 days after the date the result is canvassed. |
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(e) Except as provided by this subsection, an election to |
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fill a vacancy created under this section is governed by law |
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generally applicable to a vacancy for the office in question. The |
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election shall be held on the first Saturday that is not a legal |
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holiday that occurs after 30 days have elapsed from the date of the |
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vacancy. At this election, the person whose removal created the |
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vacancy is ineligible to seek the office from which the person was |
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removed. |
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(f) Enabling laws may be enacted to give effect to this |
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section. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to allow the voters to |
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remove from office by means of a recall election a state or county |
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elected official or an elected official of a special district |
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created by state law who has been finally convicted of a felony." |