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
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
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.