| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 84R11284 SCL-D | |
| 2 | 1 | By: Davis of Dallas H.B. No. 3380 | |
| 3 | 2 | ||
| 4 | 3 | ||
| 5 | 4 | A BILL TO BE ENTITLED | |
| 6 | 5 | AN ACT | |
| 7 | - | relating to the grounds for and process by which | |
| 8 | - | | |
| 6 | + | relating to the grounds for and process by which elected officers of | |
| 7 | + | certain home-rule municipalities may be removed from office. | |
| 9 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 9 | SECTION 1. Subchapter C, Chapter 26, Local Government Code, | |
| 11 | 10 | is amended by adding Section 26.048 to read as follows: | |
| 12 | - | Sec. 26.048. GROUNDS FOR REMOVAL; REMOVAL PROCESS. (a) The | |
| 13 | - | governing body of a municipality may not remove an elected officer | |
| 14 | - | based solely on an administrative violation of the municipality's | |
| 15 | - | charter. | |
| 16 | - | (b) Any process by which the governing body of a | |
| 11 | + | Sec. 26.048. GROUNDS FOR REMOVAL AND REMOVAL PROCESS IN | |
| 12 | + | CERTAIN MUNICIPALITIES. (a) This section applies only to a | |
| 13 | + | municipality with a population of 36,400 to 38,600 located in a | |
| 14 | + | county with a population of 2.2 million and less than 4 million. | |
| 15 | + | (b) The governing body of a municipality may remove an | |
| 16 | + | elected officer of the municipality from office in accordance with | |
| 17 | + | the municipality's charter, except that the governing body may not | |
| 18 | + | remove an elected officer if the removal is based solely on the | |
| 19 | + | officer's performance of an official duty. | |
| 20 | + | (c) Any process by which the governing body of a | |
| 17 | 21 | municipality removes an elected officer of the municipality from | |
| 18 | 22 | office must include providing to the officer: | |
| 19 | 23 | (1) written notice of the grounds for removal; and | |
| 20 | 24 | (2) an opportunity for a public hearing that complies | |
| 21 | 25 | with Chapter 551, Government Code, at which the officer may present | |
| 22 | 26 | evidence, including witnesses. | |
| 23 | - | ( | |
| 24 | - | notice of a public hearing under Subsection ( | |
| 27 | + | (d) The governing body of a municipality shall publish | |
| 28 | + | notice of a public hearing under Subsection (c)(2) in a newspaper of | |
| 25 | 29 | general circulation in the municipality not later than the 14th day | |
| 26 | 30 | before the date of the hearing. | |
| 27 | - | ( | |
| 28 | - | Subsection ( | |
| 29 | - | ( | |
| 31 | + | (e) Testimony of a witness in a public hearing under | |
| 32 | + | Subsection (c)(2) must be provided under oath. | |
| 33 | + | (f) The removal of an elected officer from office that does | |
| 30 | 34 | not comply with this section is not effective. | |
| 31 | - | ( | |
| 35 | + | (g) This section does not affect any right provided under a | |
| 32 | 36 | municipal charter for the voters of the municipality to remove an | |
| 33 | 37 | elected officer. | |
| 34 | 38 | SECTION 2. (a) Section 26.048, Local Government Code, as | |
| 35 | 39 | added by this Act, does not apply to an office for which the vacancy | |
| 36 | 40 | occurs before the effective date of this Act. | |
| 37 | 41 | (b) A home-rule municipality that does not have an ordinance | |
| 38 | 42 | or charter provision providing the process required by Section | |
| 39 | 43 | 26.048, Local Government Code, as added by this Act, must adopt such | |
| 40 | 44 | a process not later than October 1, 2015. | |
| 41 | 45 | SECTION 3. This Act takes effect September 1, 2015. |