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AN ACT
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relating to vacancies on the governing body of a Type A general-law |
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municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.008, Local Government Code, is |
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amended to read as follows: |
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Sec. 22.008. DISQUALIFICATION FROM OFFICE [IF MUNICIPAL
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FUNDS OWED]. (a) An officer who is entrusted with the collection or |
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custody of funds belonging to the municipality and who is in default |
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to the municipality may not hold any municipal office until the |
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amount of the default, plus 10 percent interest, is paid to the |
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municipality. |
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(b) If a member of the governing body changes the member's |
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place of residence to a location outside the corporate boundaries |
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of the municipality, the member is automatically disqualified from |
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holding the member's office and the office is considered vacant. |
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SECTION 2. Section 22.010, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsection (d-1) to |
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read as follows: |
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(a) If for any reason a single vacancy exists on the |
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governing body of the municipality, a majority of the remaining |
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members who are present and voting, excluding the mayor, may fill |
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the vacancy by appointment unless an election to fill the vacancy is |
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required by Section 11, Article XI, [Section 11, of the] Texas |
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Constitution. The mayor may vote on the appointment only if there |
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is a tie. |
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(d-1) A member of the governing body is ineligible to vote |
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to fill a vacancy on the governing body by special election after |
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resigning from the governing body. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3727 was passed by the House on May 4, |
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2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3727 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |