Bill Text: TX HB3380 | 2015-2016 | 84th Legislature | Engrossed
Bill Title: Relating to the grounds for and process by which elected officers of certain home-rule municipalities may be removed from office.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2015-05-15 - Referred to State Affairs [HB3380 Detail]
Download: Texas-2015-HB3380-Engrossed.html
| By: Davis of Dallas | H.B. No. 3380 | |
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| relating to the grounds for and process by which elected officers of | ||
| certain home-rule municipalities 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 AND REMOVAL PROCESS IN | ||
| CERTAIN MUNICIPALITIES. (a) This section applies only to a | ||
| municipality with a population of 36,400 to 38,600 located in a | ||
| county with a population of 2.2 million and less than 4 million. | ||
| (b) The governing body of a municipality may remove an | ||
| elected officer of the municipality from office in accordance with | ||
| the municipality's charter, except that the governing body may not | ||
| remove an elected officer if the removal is based solely on the | ||
| officer's performance of an official duty. | ||
| (c) 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. | ||
| (d) The governing body of a municipality shall publish | ||
| notice of a public hearing under Subsection (c)(2) in a newspaper of | ||
| general circulation in the municipality not later than the 14th day | ||
| before the date of the hearing. | ||
| (e) Testimony of a witness in a public hearing under | ||
| Subsection (c)(2) must be provided under oath. | ||
| (f) The removal of an elected officer from office that does | ||
| not comply with this section is not effective. | ||
| (g) 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. | ||
