88R12848 MZM-F
By: Harrison H.J.R. No. 163
A JOINT RESOLUTION
proposing a constitutional amendment allowing the voters to remove
local elected officers 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:
(1) any municipal officer who serves in a position
elected by the qualified voters of the entire municipality;
(2) any member of a governing body of a municipality or
other municipal officer who serves in a position elected by the
qualified voters of a territory less than that of the entire
municipality;
(3) any county officer who serves in a position
elected by the qualified voters of the entire county;
(4) any member of a commissioners court or other
county officer who serves in a position elected by the qualified
voters of a territory less than that of the entire county; and
(5) 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 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)?" If a majority of the votes cast at the election answer in
the affirmative, the office in question becomes vacant seven 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 60 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, 2023.
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 municipal or
county elected officer or an elected officer of a special district
created by state law."