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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a political party's county chair. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 171, Election Code, is |
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amended by adding Section 171.029 to read as follows: |
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Sec. 171.029. REMOVAL OF COUNTY CHAIR. (a) In this |
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section: |
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(1) "Incompetency" means: |
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(A) gross ignorance of official duties; |
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(B) gross carelessness in the discharge of |
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official duties; or |
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(C) unfitness or inability to promptly and |
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properly discharge official duties because of a serious physical or |
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mental defect that did not exist at the time of the county chair's |
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election. |
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(2) "Official misconduct" means intentional, unlawful |
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behavior relating to a county chair's official duties. The term |
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includes an intentional or corrupt failure, refusal, or neglect of |
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a county chair to perform an official duty. |
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(b) The state executive committee of a political party may |
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remove a county chair for incompetency or official misconduct as |
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provided by this section. |
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(c) Before removing a county chair, a state executive |
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committee shall provide notice of the reason for removal to the |
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county chair and shall give the chair an opportunity for a hearing |
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before the committee. |
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(d) If, after notice and hearing, a majority of the state |
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executive committee votes to remove the county chair from office, |
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the committee may suspend party rules to the extent necessary to |
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remove the county chair and: |
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(1) fill the vacancy created by the removal; or |
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(2) appoint a committee of local officials to oversee |
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the operations of the county executive committee until the election |
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of a new county chair. |
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(e) Sections 171.024 and 171.025 do not apply to the filling |
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of a vacancy created by the removal of a county chair under this |
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section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |