Bill Text: TX HJR109 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Proposing a constitutional amendment allowing the voters to remove elected officials finally convicted of a felony from office by means of a recall election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-04 - Referred to State Affairs [HJR109 Detail]
Download: Texas-2017-HJR109-Introduced.html
85R13303 JRJ-D | ||
By: Burns | H.J.R. No. 109 |
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proposing a constitutional amendment allowing the voters to remove | ||
elected officials finally convicted of a felony from office by | ||
means of a recall election. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article VI, Texas Constitution, is amended by | ||
adding Section 6 to read as follows: | ||
Sec. 6. (a) The qualified voters may recall the following | ||
elected officers from office if the officer is finally convicted of | ||
a felony: | ||
(1) any state officer who serves in a position elected | ||
by the qualified voters of the entire state; | ||
(2) any state officer who serves in a position elected | ||
by the qualified voters of a territory less than statewide; | ||
(3) any member of the legislature; | ||
(4) any county officer who serves in a position | ||
elected by the qualified voters of the entire county; | ||
(5) any member of a commissioners court or other | ||
county officer who serves in a position elected by qualified voters | ||
of a territory less than countywide; and | ||
(6) any elective officer of any special district | ||
created by state law. | ||
(b) An application for a recall election must: | ||
(1) be limited to one office; | ||
(2) contain on each page: | ||
(A) the heading "An Application for a Recall | ||
Election"; | ||
(B) the title of the office in question, | ||
including any applicable place or district number; and | ||
(C) a succinct statement that it is the desire of | ||
the signers to remove the incumbent from that office; | ||
(3) be signed by qualified voters in a number equal to | ||
at least 10 percent of all votes cast for the office that is the | ||
target of the recall at the most recent regular election at which | ||
that office was filled; | ||
(4) contain for each signer the residence address or | ||
voter registration number and the signer's name in typewritten or | ||
legibly hand-printed form; and | ||
(5) be in a form prescribed by the secretary of state. | ||
(c) The application for a recall election must be submitted | ||
to the secretary of state when the office in question is statewide | ||
or involves a constituency composed of more than one county and to | ||
the county clerk when the office in question is countywide or | ||
involves a constituency composed of a territory less than | ||
countywide. Not later than the 60th day after the date the | ||
secretary of state or county clerk receives the application, the | ||
secretary or clerk shall examine the application to determine the | ||
validity of the signatures and shall endorse the application if it | ||
contains the requisite number of valid signatures. | ||
(d) Upon the endorsement of validity, the secretary of state | ||
or county clerk, as appropriate, shall order an election to be held | ||
on the first Saturday that is not a legal holiday that occurs after | ||
30 days have elapsed from the date of endorsement. The question | ||
before the electorate shall be: "Shall (HERE SPECIFY THE NAME OF | ||
THE INCUMBENT) be removed from the office of (HERE SPECIFY THE | ||
OFFICE IN QUESTION, INCLUDING ANY APPLICABLE PLACE OR DISTRICT | ||
NUMBER) because (HERE SPECIFY THE NAME OF THE INCUMBENT) has been | ||
finally convicted of a felony?" If a majority of the votes cast at | ||
the election answer in the affirmative, the office in question | ||
becomes vacant 20 days after the date the result is canvassed. | ||
(e) Except as provided by this subsection, an election to | ||
fill a vacancy created under this section is governed by law | ||
generally applicable to a vacancy for the office in question. The | ||
election shall be held on the first Saturday that is not a legal | ||
holiday that occurs after 30 days have elapsed from the date of the | ||
vacancy. At this election, the person whose removal created the | ||
vacancy is ineligible to seek the office from which the person was | ||
removed. | ||
(f) Enabling laws may be enacted to give effect to this | ||
section. | ||
SECTION 2. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2017. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to allow the voters to | ||
remove from office by means of a recall election a state or county | ||
elected official or an elected official of a special district | ||
created by state law who has been finally convicted of a felony." |