| 1 | 1 | | 85R13303 JRJ-D |
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| 2 | 2 | | By: Burns H.J.R. No. 109 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment allowing the voters to remove |
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| 7 | 7 | | elected officials finally convicted of a felony from office by |
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| 8 | 8 | | means of a recall election. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article VI, Texas Constitution, is amended by |
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| 11 | 11 | | adding Section 6 to read as follows: |
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| 12 | 12 | | Sec. 6. (a) The qualified voters may recall the following |
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| 13 | 13 | | elected officers from office if the officer is finally convicted of |
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| 14 | 14 | | a felony: |
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| 15 | 15 | | (1) any state officer who serves in a position elected |
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| 16 | 16 | | by the qualified voters of the entire state; |
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| 17 | 17 | | (2) any state officer who serves in a position elected |
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| 18 | 18 | | by the qualified voters of a territory less than statewide; |
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| 19 | 19 | | (3) any member of the legislature; |
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| 20 | 20 | | (4) any county officer who serves in a position |
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| 21 | 21 | | elected by the qualified voters of the entire county; |
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| 22 | 22 | | (5) any member of a commissioners court or other |
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| 23 | 23 | | county officer who serves in a position elected by qualified voters |
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| 24 | 24 | | of a territory less than countywide; and |
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| 25 | 25 | | (6) any elective officer of any special district |
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| 26 | 26 | | created by state law. |
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| 27 | 27 | | (b) An application for a recall election must: |
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| 28 | 28 | | (1) be limited to one office; |
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| 29 | 29 | | (2) contain on each page: |
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| 30 | 30 | | (A) the heading "An Application for a Recall |
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| 31 | 31 | | Election"; |
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| 32 | 32 | | (B) the title of the office in question, |
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| 33 | 33 | | including any applicable place or district number; and |
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| 34 | 34 | | (C) a succinct statement that it is the desire of |
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| 35 | 35 | | the signers to remove the incumbent from that office; |
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| 36 | 36 | | (3) be signed by qualified voters in a number equal to |
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| 37 | 37 | | at least 10 percent of all votes cast for the office that is the |
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| 38 | 38 | | target of the recall at the most recent regular election at which |
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| 39 | 39 | | that office was filled; |
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| 40 | 40 | | (4) contain for each signer the residence address or |
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| 41 | 41 | | voter registration number and the signer's name in typewritten or |
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| 42 | 42 | | legibly hand-printed form; and |
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| 43 | 43 | | (5) be in a form prescribed by the secretary of state. |
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| 44 | 44 | | (c) The application for a recall election must be submitted |
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| 45 | 45 | | to the secretary of state when the office in question is statewide |
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| 46 | 46 | | or involves a constituency composed of more than one county and to |
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| 47 | 47 | | the county clerk when the office in question is countywide or |
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| 48 | 48 | | involves a constituency composed of a territory less than |
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| 49 | 49 | | countywide. Not later than the 60th day after the date the |
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| 50 | 50 | | secretary of state or county clerk receives the application, the |
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| 51 | 51 | | secretary or clerk shall examine the application to determine the |
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| 52 | 52 | | validity of the signatures and shall endorse the application if it |
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| 53 | 53 | | contains the requisite number of valid signatures. |
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| 54 | 54 | | (d) Upon the endorsement of validity, the secretary of state |
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| 55 | 55 | | or county clerk, as appropriate, shall order an election to be held |
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| 56 | 56 | | on the first Saturday that is not a legal holiday that occurs after |
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| 57 | 57 | | 30 days have elapsed from the date of endorsement. The question |
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| 58 | 58 | | before the electorate shall be: "Shall (HERE SPECIFY THE NAME OF |
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| 59 | 59 | | THE INCUMBENT) be removed from the office of (HERE SPECIFY THE |
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| 60 | 60 | | OFFICE IN QUESTION, INCLUDING ANY APPLICABLE PLACE OR DISTRICT |
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| 61 | 61 | | NUMBER) because (HERE SPECIFY THE NAME OF THE INCUMBENT) has been |
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| 62 | 62 | | finally convicted of a felony?" If a majority of the votes cast at |
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| 63 | 63 | | the election answer in the affirmative, the office in question |
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| 64 | 64 | | becomes vacant 20 days after the date the result is canvassed. |
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| 65 | 65 | | (e) Except as provided by this subsection, an election to |
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| 66 | 66 | | fill a vacancy created under this section is governed by law |
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| 67 | 67 | | generally applicable to a vacancy for the office in question. The |
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| 68 | 68 | | election shall be held on the first Saturday that is not a legal |
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| 69 | 69 | | holiday that occurs after 30 days have elapsed from the date of the |
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| 70 | 70 | | vacancy. At this election, the person whose removal created the |
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| 71 | 71 | | vacancy is ineligible to seek the office from which the person was |
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| 72 | 72 | | removed. |
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| 73 | 73 | | (f) Enabling laws may be enacted to give effect to this |
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| 74 | 74 | | section. |
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| 75 | 75 | | SECTION 2. This proposed constitutional amendment shall be |
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| 76 | 76 | | submitted to the voters at an election to be held November 7, 2017. |
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| 77 | 77 | | The ballot shall be printed to permit voting for or against the |
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| 78 | 78 | | proposition: "The constitutional amendment to allow the voters to |
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| 79 | 79 | | remove from office by means of a recall election a state or county |
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| 80 | 80 | | elected official or an elected official of a special district |
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| 81 | 81 | | created by state law who has been finally convicted of a felony." |
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