HBA-TYH H.B. 3836 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3836
By: Truitt
Urban Affairs
4/28/1999
Introduced



BACKGROUND AND PURPOSE 

On April 8, 1999, in the case of Scott Bradley v. The State of Texas on the
Relation of Dale White, the Supreme Court of Texas ruled in favor of
Bradley, a mayor who was unlawfully removed from office through Section
21.002(f), Local Government Code.   Some officials in small towns have used
this statute to put colleagues on trial, using vague procedures and
allowing themselves to act as judges, jury, and witnesses.  H.B. 3836
clarifies the removal proceedings for members of the governing body of a
general-law municipality, replacing them with vote-driven recall elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.002, Local Government Code, as follows:
 
Sec. 21.002. New title: RECALL OF MEMBER OF GOVERNING BODY OF GENERAL-LAW
MUNICIPALITY.  (a) Authorizes the voters of a general-law municipality to
recall a member of the governing body of the municipality in an election
held for that purpose as provided by this section.  
 
(b)  Provides that a recall election is initiated by filing a recall
petition with the municipal clerk or secretary.  Provides that if the
removal of more than one member of the governing body is sought, a separate
petition for each member must be filed.  
 
(c)  Provides that the petition must meet the enumerated requirements.

(d)  Requires the municipal clerk or secretary, within 21 days of the date
the petition is filed, to examine the petition and certify in writing
whether the petition complies with Subsection (c) and present the
certification to the governing body of the municipality.  
 
(e)  Requires the governing body, if the member of the governing body whose
removal is sought does not resign before the sixth day after the date a
petition certified as complying with Subsection (c) is presented to the
governing body, to order a recall election in the area of the municipality
from which the member is elected.  Requires the governing body to order the
election for a date after the 45th day but before the 60th day after the
date the certified petition is presented to the governing body.  
 
(f)  Requires the ballot for a recall election to be printed to permit
voting for or against the specified proposition.  

(g)  Provides that if a majority of the votes received at the recall
election are against removal of the member of the governing body named on
the ballot, the member remains in office.  Requires the governing body, if
a majority of the votes received are in favor of the removal of the member,
to immediately declare the member's office vacant, and requires the vacancy
to be filled in the manner prescribed by law for filling a vacancy on  the
governing body.  Prohibits a member removed by recall from being appointed
to fill the vacancy and from being a candidate in any election called to
fill the vacancy.  

(h)  Prohibits a recall petition from being filed against a member of the
governing body during the 180 days following the date the member first
takes office.   

Deletes previous text regarding provisions for the removal of mayor or
alderman in a general law municipality. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.