| 1 | 1 | | By: Phillips (Senate Sponsor - Estes) H.B. No. 2201 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2015; |
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| 3 | 3 | | May 6, 2015, read first time and referred to Committee on |
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| 4 | 4 | | Intergovernmental Relations; May 25, 2015, reported favorably by |
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| 5 | 5 | | the following vote: Yeas 5, Nays 0; May 25, 2015, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | COMMITTEE VOTE |
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| 10 | 10 | | YeaNayAbsentPNV |
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| 11 | 11 | | LucioX |
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| 12 | 12 | | BettencourtX |
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| 13 | 13 | | CampbellX |
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| 14 | 14 | | GarciaX |
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| 15 | 15 | | MenéndezX |
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| 16 | 16 | | NicholsX |
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| 17 | 17 | | TaylorofGalvestonX |
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| 18 | 18 | | A BILL TO BE ENTITLED |
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| 19 | 19 | | AN ACT |
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| 20 | 20 | | relating to vacancies on the governing body of a Type A general-law |
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| 21 | 21 | | municipality. |
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| 22 | 22 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 23 | 23 | | SECTION 1. Section 22.008, Local Government Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Sec. 22.008. DISQUALIFICATION FROM OFFICE [IF MUNICIPAL |
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| 26 | 26 | | FUNDS OWED]. (a) An officer who is entrusted with the collection or |
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| 27 | 27 | | custody of funds belonging to the municipality and who is in default |
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| 28 | 28 | | to the municipality may not hold any municipal office until the |
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| 29 | 29 | | amount of the default, plus 10 percent interest, is paid to the |
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| 30 | 30 | | municipality. |
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| 31 | 31 | | (b) If a member of the governing body changes the member's |
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| 32 | 32 | | place of residence to a location outside the corporate boundaries |
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| 33 | 33 | | of the municipality, the member is automatically disqualified from |
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| 34 | 34 | | holding the member's office and the office is considered vacant. |
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| 35 | 35 | | SECTION 2. Section 22.010, Local Government Code, is |
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| 36 | 36 | | amended by amending Subsection (a) and adding Subsection (d-1) to |
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| 37 | 37 | | read as follows: |
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| 38 | 38 | | (a) If for any reason a single vacancy exists on the |
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| 39 | 39 | | governing body of the municipality, a majority of the remaining |
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| 40 | 40 | | members who are present and voting, excluding the mayor, may fill |
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| 41 | 41 | | the vacancy by appointment unless an election to fill the vacancy is |
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| 42 | 42 | | required by Article XI, Section 11, of the Texas Constitution. The |
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| 43 | 43 | | mayor may vote on the appointment only if there is a tie. |
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| 44 | 44 | | (d-1) A member of the governing body is ineligible to vote |
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| 45 | 45 | | to fill a vacancy on the governing body by special election after |
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| 46 | 46 | | resigning from the governing body. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 48 | 48 | | * * * * * |
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