Sec. 21.102. PETITION. (a) Before circulating a petition, a notice of intent to circulate a petition must be filed with the municipal clerk. A notice of intent to circulate a petition may not be filed before the 180th day after the date the officer whose removal is sought:
(1) was elected; or
(2) was subject to an unsuccessful recall election.
(b) After notice is filed under Subsection (a), a petition may be circulated. Each page of the petition must legibly and conspicuously:
(1) be titled "Recall Petition";
(2) state that the petition seeks to initiate a recall election to remove a member of the governing body;
(3) state the full name and title of the member whose removal is sought; and
(4) state the reasons for seeking removal.
(c) For a signature to be valid, it must:
(1) comply with the requirements of Section 277.002, Election Code; and
(2) be the signature of a registered voter in the territory that elected the member whose removal is sought.
(d) At least one signer of the petition must swear before a notary public or other person authorized to administer oaths that each signature on the petition was made by the person whose signature it purports to be, and that oath must be memorialized on the petition.
(e) A petition is valid if:
(1) the petition complies with the requirements of Subsections (a), (b), (c), and (d) of this section and Chapter 277, Election Code;
(2) the total number of valid signatures on the petition equals at least 50 percent of the total number of votes cast in the most recent election of the member whose removal is sought that was not a runoff election; and
(3) the petition is filed with the municipal clerk not later than the 30th day after the date of the filing of notice under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 701 (H.B. 3015), Sec. 1, eff. June 14, 2013.
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