82R4978 ATP-D
By: Martinez Fischer H.B. No. 2752
A BILL TO BE ENTITLED
AN ACT
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
remove a county chair for incompetency or official misconduct as
provided by this section.
(c) Before removing a county chair, a state executive
committee shall provide notice of the reason for removal to the
county chair and shall give the chair an opportunity for a hearing
before the committee.
(d) If, after notice and hearing, a majority of the state
executive committee votes to remove the county chair from office,
the committee may suspend party rules to the extent necessary to
remove the county chair and:
(1) fill the vacancy created by the removal; or
(2) appoint a committee of local officials to oversee
the operations of the county executive committee until the election
of a new county chair.
(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.