By: Davis of Dallas H.B. No. 3380
A BILL TO BE ENTITLED
AN ACT
relating to the grounds for and process by which elected officers of
certain home-rule municipalities may be removed from office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 26, Local Government Code,
is amended by adding Section 26.048 to read as follows:
Sec. 26.048. GROUNDS FOR REMOVAL AND REMOVAL PROCESS IN
CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality with a population of 36,400 to 38,600 located in a
county with a population of 2.2 million and less than 4 million.
(b) The governing body of a municipality may remove an
elected officer of the municipality from office in accordance with
the municipality's charter, except that the governing body may not
remove an elected officer if the removal is based solely on the
officer's performance of an official duty.
(c) Any process by which the governing body of a
municipality removes an elected officer of the municipality from
office must include providing to the officer:
(1) written notice of the grounds for removal; and
(2) an opportunity for a public hearing that complies
with Chapter 551, Government Code, at which the officer may present
evidence, including witnesses.
(d) The governing body of a municipality shall publish
notice of a public hearing under Subsection (c)(2) in a newspaper of
general circulation in the municipality not later than the 14th day
before the date of the hearing.
(e) Testimony of a witness in a public hearing under
Subsection (c)(2) must be provided under oath.
(f) The removal of an elected officer from office that does
not comply with this section is not effective.
(g) This section does not affect any right provided under a
municipal charter for the voters of the municipality to remove an
elected officer.
SECTION 2. (a) Section 26.048, Local Government Code, as
added by this Act, does not apply to an office for which the vacancy
occurs before the effective date of this Act.
(b) A home-rule municipality that does not have an ordinance
or charter provision providing the process required by Section
26.048, Local Government Code, as added by this Act, must adopt such
a process not later than October 1, 2015.
SECTION 3. This Act takes effect September 1, 2015.