Bill Text: TX HB2752 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the removal of a political party's county chair.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-04-29 - Committee report sent to Calendars [HB2752 Detail]
Download: Texas-2011-HB2752-Comm_Sub.html
82R21762 ATP-D | |||
By: Martinez Fischer, Berman, Farias | H.B. No. 2752 | ||
Substitute the following for H.B. No. 2752: | |||
By: Veasey | C.S.H.B. No. 2752 |
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relating to the removal of a political party's county chair. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 171, Election Code, is | ||
amended by adding Section 171.029 to read as follows: | ||
Sec. 171.029. REMOVAL OF COUNTY CHAIR. (a) In this | ||
section: | ||
(1) "Incompetency" means: | ||
(A) gross ignorance of official duties; | ||
(B) gross carelessness in the discharge of | ||
official duties; or | ||
(C) unfitness or inability to promptly and | ||
properly discharge official duties because of a serious physical or | ||
mental defect that did not exist at the time of the county chair's | ||
election. | ||
(2) "Official misconduct" means intentional, unlawful | ||
behavior relating to a county chair's official duties. The term | ||
includes an intentional or corrupt failure, refusal, or neglect of | ||
a county chair to perform an official duty. | ||
(b) The state executive committee of a political party may | ||
call a hearing on the issue of removing the county chair for | ||
incompetency or official misconduct in response to a complaint from | ||
a member of the political party in the county from which the chair | ||
was elected. | ||
(c) The state executive committee shall give notice to the | ||
county chair not later than the 14th day before the date of the | ||
hearing, stating the allegations of incompetency or official | ||
misconduct. At the hearing, evidence must be presented of the | ||
chair's incompetency or official misconduct, and the county chair | ||
shall have the opportunity to examine or question the evidence | ||
against the chair. | ||
(d) After conducting the hearing and reviewing the | ||
evidence, the state executive committee shall vote on the question | ||
of the removal of the county chair. If at least three-fifths of the | ||
membership of the state executive committee finds that the county | ||
chair has demonstrated incompetency or committed official | ||
misconduct, the committee shall suspend any party rules to the | ||
extent necessary to: | ||
(1) remove the chair; and | ||
(2) enact a transition plan that includes provisions | ||
to fill the vacancy created by the removal. | ||
(e) Sections 171.024 and 171.025 do not apply to the filling | ||
of a vacancy created by the removal of a county chair under this | ||
section. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |