| 1 | | - | H.B. No. 3727 |
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| 1 | + | By: Phillips (Senate Sponsor - Estes) H.B. No. 3727 |
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| 2 | + | (In the Senate - Received from the House May 5, 2017; |
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| 3 | + | May 8, 2017, read first time and referred to Committee on |
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| 4 | + | Intergovernmental Relations; May 17, 2017, reported favorably by |
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| 5 | + | the following vote: Yeas 5, Nays 0; May 17, 2017, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to vacancies on the governing body of a Type A general-law |
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| 6 | 12 | | municipality. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 22.008, Local Government Code, is |
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| 9 | 15 | | amended to read as follows: |
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| 10 | 16 | | Sec. 22.008. DISQUALIFICATION FROM OFFICE [IF MUNICIPAL |
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| 11 | 17 | | FUNDS OWED]. (a) An officer who is entrusted with the collection or |
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| 12 | 18 | | custody of funds belonging to the municipality and who is in default |
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| 13 | 19 | | to the municipality may not hold any municipal office until the |
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| 14 | 20 | | amount of the default, plus 10 percent interest, is paid to the |
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| 15 | 21 | | municipality. |
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| 16 | 22 | | (b) If a member of the governing body changes the member's |
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| 17 | 23 | | place of residence to a location outside the corporate boundaries |
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| 18 | 24 | | of the municipality, the member is automatically disqualified from |
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| 19 | 25 | | holding the member's office and the office is considered vacant. |
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| 20 | 26 | | SECTION 2. Section 22.010, Local Government Code, is |
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| 21 | 27 | | amended by amending Subsection (a) and adding Subsection (d-1) to |
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| 22 | 28 | | read as follows: |
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| 23 | 29 | | (a) If for any reason a single vacancy exists on the |
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| 24 | 30 | | governing body of the municipality, a majority of the remaining |
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| 25 | 31 | | members who are present and voting, excluding the mayor, may fill |
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| 26 | 32 | | the vacancy by appointment unless an election to fill the vacancy is |
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| 27 | 33 | | required by Section 11, Article XI, [Section 11, of the] Texas |
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| 28 | 34 | | Constitution. The mayor may vote on the appointment only if there |
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| 29 | 35 | | is a tie. |
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| 30 | 36 | | (d-1) A member of the governing body is ineligible to vote |
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| 31 | 37 | | to fill a vacancy on the governing body by special election after |
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| 32 | 38 | | resigning from the governing body. |
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| 33 | 39 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 3727 was passed by the House on May 4, |
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| 37 | | - | 2017, by the following vote: Yeas 143, Nays 0, 2 present, not |
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| 38 | | - | voting. |
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| 39 | | - | ______________________________ |
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| 40 | | - | Chief Clerk of the House |
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| 41 | | - | I certify that H.B. No. 3727 was passed by the Senate on May |
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| 42 | | - | 24, 2017, by the following vote: Yeas 31, Nays 0. |
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| 43 | | - | ______________________________ |
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| 44 | | - | Secretary of the Senate |
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| 45 | | - | APPROVED: _____________________ |
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| 46 | | - | Date |
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| 47 | | - | _____________________ |
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| 48 | | - | Governor |
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| 40 | + | * * * * * |
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