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HB 3380 would amend the Local Government Code to prohibit a governing body of a municipality from removing an elected officer based solely on an administrative violation of a municipality's charter.
The bill would establish municipality process requirements for removing an elected officer from office for reasons other than solely an administrative violation of a municipality's charter. Provisions include providing written notice of the grounds for removal and holding a public hearing where the officer may present evidence. The governing body of a municipality would be required to publish notice of a public hearing in the newspaper of the municipality by the 14th day before the hearing.
While this bill may be beneficial for due process rights for municipal officers, it is unclear that there would never be a legitimate reason to remove a municipal officer from office solely for an administrative violation of a municipality's charter. In order to determine that, one would need to know the provisions of every municipal charter which we do not. For this reason we are neutral on this legislation.