85R13303 JRJ-D
By: Burns H.J.R. No. 109
A JOINT RESOLUTION
proposing a constitutional amendment allowing the voters to remove
elected officials finally convicted of a felony from office by
means of a recall election.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article VI, Texas Constitution, is amended by
adding Section 6 to read as follows:
Sec. 6. (a) The qualified voters may recall the following
elected officers from office if the officer is finally convicted of
a felony:
(1) any state officer who serves in a position elected
by the qualified voters of the entire state;
(2) any state officer who serves in a position elected
by the qualified voters of a territory less than statewide;
(3) any member of the legislature;
(4) any county officer who serves in a position
elected by the qualified voters of the entire county;
(5) any member of a commissioners court or other
county officer who serves in a position elected by qualified voters
of a territory less than countywide; and
(6) any elective officer of any special district
created by state law.
(b) An application for a recall election must:
(1) be limited to one office;
(2) contain on each page:
(A) the heading "An Application for a Recall
Election";
(B) the title of the office in question,
including any applicable place or district number; and
(C) a succinct statement that it is the desire of
the signers to remove the incumbent from that office;
(3) be signed by qualified voters in a number equal to
at least 10 percent of all votes cast for the office that is the
target of the recall at the most recent regular election at which
that office was filled;
(4) contain for each signer the residence address or
voter registration number and the signer's name in typewritten or
legibly hand-printed form; and
(5) be in a form prescribed by the secretary of state.
(c) The application for a recall election must be submitted
to the secretary of state when the office in question is statewide
or involves a constituency composed of more than one county and to
the county clerk when the office in question is countywide or
involves a constituency composed of a territory less than
countywide. Not later than the 60th day after the date the
secretary of state or county clerk receives the application, the
secretary or clerk shall examine the application to determine the
validity of the signatures and shall endorse the application if it
contains the requisite number of valid signatures.
(d) Upon the endorsement of validity, the secretary of state
or county clerk, as appropriate, shall order an election to be held
on the first Saturday that is not a legal holiday that occurs after
30 days have elapsed from the date of endorsement. The question
before the electorate shall be: "Shall (HERE SPECIFY THE NAME OF
THE INCUMBENT) be removed from the office of (HERE SPECIFY THE
OFFICE IN QUESTION, INCLUDING ANY APPLICABLE PLACE OR DISTRICT
NUMBER) because (HERE SPECIFY THE NAME OF THE INCUMBENT) has been
finally convicted of a felony?" If a majority of the votes cast at
the election answer in the affirmative, the office in question
becomes vacant 20 days after the date the result is canvassed.
(e) Except as provided by this subsection, an election to
fill a vacancy created under this section is governed by law
generally applicable to a vacancy for the office in question. The
election shall be held on the first Saturday that is not a legal
holiday that occurs after 30 days have elapsed from the date of the
vacancy. At this election, the person whose removal created the
vacancy is ineligible to seek the office from which the person was
removed.
(f) Enabling laws may be enacted to give effect to this
section.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to allow the voters to
remove from office by means of a recall election a state or county
elected official or an elected official of a special district
created by state law who has been finally convicted of a felony."