6 | 4 | | AN ACT |
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7 | 5 | | relating to the removal of a precinct or county chair for |
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8 | 6 | | abandonment of office. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Subchapter B, Chapter 171, Election Code, is |
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11 | 9 | | amended by adding Section 171.029 to read as follows: |
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12 | 10 | | Sec. 171.029. REMOVAL OF PRECINCT CHAIR OR COUNTY CHAIR FOR |
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13 | 11 | | ABANDONMENT OF OFFICE. (a) A precinct or county chair who has |
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14 | 12 | | failed to perform statutory duties provided by this code or failed |
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15 | 13 | | to attend four or more consecutive meetings of the county executive |
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16 | 14 | | committee may be removed for abandonment of office as provided by |
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17 | 15 | | this section. |
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18 | 16 | | (b) If authorized by a resolution passed by the county |
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19 | 17 | | executive committee, a county chair may send a notice to a precinct |
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20 | 18 | | chair that states that the precinct chair is considered to have |
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21 | 19 | | abandoned the office of precinct chair and the duties of the office. |
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22 | 20 | | The notice must: |
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23 | 21 | | (1) state the reasons the county executive committee |
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24 | 22 | | believes the precinct chair has abandoned the office; |
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25 | 23 | | (2) be sent by certified mail; and |
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26 | 24 | | (3) request a response from the precinct chair not |
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27 | 25 | | later than the seventh day after the date the precinct chair |
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28 | 26 | | receives the notice. |
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29 | 27 | | (c) If authorized by a resolution passed by the state |
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30 | 28 | | executive committee, a state chair may send a notice to a county |
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31 | 29 | | chair that states that the county chair is considered to have |
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32 | 30 | | abandoned the office of county chair and the duties of the office. |
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33 | 31 | | The notice must: |
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34 | 32 | | (1) state the reasons the state executive committee |
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35 | 33 | | believes the county chair has abandoned the office; |
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36 | 34 | | (2) be sent by certified mail; and |
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37 | 35 | | (3) request a response from the county chair not later |
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38 | 36 | | than the seventh day after the date the county chair receives the |
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39 | 37 | | notice. |
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40 | 38 | | (d) A precinct or county chair must respond to a notice |
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41 | 39 | | under Subsection (b) or (c) on or before the seventh day after the |
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42 | 40 | | date the chair receives the notice and state whether the chair |
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43 | 41 | | wishes to continue in office. A chair's failure to respond and |
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44 | 42 | | affirmatively state that the chair wishes to remain in office |
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45 | 43 | | results in a vacancy in the office of precinct or county chair, as |
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46 | 44 | | applicable. The vacancy shall be filled as provided by this |
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47 | 45 | | subchapter. |
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48 | 46 | | SECTION 2. This Act takes effect September 1, 2015. |
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| 47 | + | ______________________________ ______________________________ |
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| 48 | + | President of the Senate Speaker of the House |
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| 49 | + | I hereby certify that S.B. No. 1072 passed the Senate on |
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| 50 | + | April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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| 51 | + | ______________________________ |
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| 52 | + | Secretary of the Senate |
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| 53 | + | I hereby certify that S.B. No. 1072 passed the House on |
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| 54 | + | May 12, 2015, by the following vote: Yeas 144, Nays 0, |
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| 55 | + | two present not voting. |
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| 56 | + | ______________________________ |
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| 57 | + | Chief Clerk of the House |
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| 58 | + | Approved: |
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| 59 | + | ______________________________ |
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| 60 | + | Date |
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| 61 | + | ______________________________ |
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| 62 | + | Governor |
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