By: Phillips (Senate Sponsor - Estes) H.B. No. 3727
(In the Senate - Received from the House May 5, 2017;
May 8, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2017, reported favorably by
the following vote: Yeas 5, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to vacancies on the governing body of a Type A general-law
municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.008, Local Government Code, is
amended to read as follows:
Sec. 22.008. DISQUALIFICATION FROM OFFICE [IF MUNICIPAL
FUNDS OWED]. (a) An officer who is entrusted with the collection or
custody of funds belonging to the municipality and who is in default
to the municipality may not hold any municipal office until the
amount of the default, plus 10 percent interest, is paid to the
municipality.
(b) If a member of the governing body changes the member's
place of residence to a location outside the corporate boundaries
of the municipality, the member is automatically disqualified from
holding the member's office and the office is considered vacant.
SECTION 2. Section 22.010, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d-1) to
read as follows:
(a) If for any reason a single vacancy exists on the
governing body of the municipality, a majority of the remaining
members who are present and voting, excluding the mayor, may fill
the vacancy by appointment unless an election to fill the vacancy is
required by Section 11, Article XI, [Section 11, of the] Texas
Constitution. The mayor may vote on the appointment only if there
is a tie.
(d-1) A member of the governing body is ineligible to vote
to fill a vacancy on the governing body by special election after
resigning from the governing body.
SECTION 3. This Act takes effect September 1, 2017.
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