| 1 | 1 | | By: Gonzales H.B. No. 4352 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the removal of county officers from office. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 87.013, Local Government Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 87.013. GENERAL GROUNDS FOR REMOVAL. (a) An officer |
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| 11 | 11 | | may be removed for: |
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| 12 | 12 | | (1) incompetency; |
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| 13 | 13 | | (2) official misconduct; or |
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| 14 | 14 | | (3) public intoxication under Section 49.02, Penal |
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| 15 | 15 | | Code, on or off duty [caused by drinking an alcoholic beverage]. |
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| 16 | 16 | | (b) Intoxication is not a ground for removal if it appears |
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| 17 | 17 | | at the trial that the intoxication was caused by the use of a |
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| 18 | 18 | | substance [drinking an alcoholic beverage] on the direction and |
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| 19 | 19 | | prescription of a licensed physician practicing in this state. |
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| 20 | 20 | | SECTION 2. Section 87.031, Local Government Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | Sec. 87.031. IMMEDIATE REMOVAL. (a) A plea of guilty or |
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| 23 | 23 | | nolo contendere by, or a judgment of guilt [The conviction] of, a |
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| 24 | 24 | | county officer [by a petit jury] for any felony or for a misdemeanor |
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| 25 | 25 | | involving official misconduct operates as an immediate removal from |
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| 26 | 26 | | office of that officer. |
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| 27 | 27 | | (b) The court rendering a judgment or issuing an order |
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| 28 | 28 | | deferring adjudication in such a case shall include an order |
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| 29 | 29 | | removing the officer in the judgment or order. |
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| 30 | 30 | | (c) An officer who pleads guilty or nolo contendere for a |
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| 31 | 31 | | felony or misdemeanor involving official misconduct is considered |
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| 32 | 32 | | to have resigned the office, and the resulting vacancy shall be |
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| 33 | 33 | | filled as provided by Subchapter D. |
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| 34 | 34 | | (d) As soon as practicable after the signing of a judgment |
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| 35 | 35 | | that includes an order of removal, the commissioners court of the |
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| 36 | 36 | | county in which the officer holds office shall appoint a qualified |
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| 37 | 37 | | person to perform the duties of the officer. A person appointed |
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| 38 | 38 | | under this subsection shall temporarily perform the officer's |
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| 39 | 39 | | duties until the judgment of guilt becomes final or the officer is |
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| 40 | 40 | | acquitted of all felonies and misdemeanors involving official |
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| 41 | 41 | | misconduct by the highest court to which the judgment is appealed. |
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| 42 | 42 | | (e) If an officer's conviction of a felony or misdemeanor |
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| 43 | 43 | | involving official misconduct is upheld on appeal, or if a |
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| 44 | 44 | | conviction is not appealed and becomes final by operation of law, |
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| 45 | 45 | | the office of the removed officer becomes vacant and shall be filled |
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| 46 | 46 | | as provided by Subchapter D. A person appointed under Subsection |
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| 47 | 47 | | (d) may continue to perform the duties of the office until a |
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| 48 | 48 | | successor qualifies for office. |
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| 49 | 49 | | SECTION 3. Section 87.032, Local Government Code, is |
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| 50 | 50 | | amended to read as follows: |
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| 51 | 51 | | Sec. 87.032. APPEAL[; SUSPENSION]. (a) If an [the] |
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| 52 | 52 | | officer removed from office under Section 87.031 appeals the |
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| 53 | 53 | | judgment, the order of removal is effective until the final |
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| 54 | 54 | | resolution of the appeal [supersedes the order of removal unless |
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| 55 | 55 | | the court that renders the judgment finds that it is in the public |
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| 56 | 56 | | interest to suspend the officer pending the appeal. If the court |
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| 57 | 57 | | finds that the public interest requires suspension, the court shall |
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| 58 | 58 | | suspend the officer as provided by this subchapter]. |
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| 59 | 59 | | (b) The salary and other emoluments of an officer removed |
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| 60 | 60 | | from office under Section 87.031 continue until a final judgment of |
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| 61 | 61 | | conviction is mandated or a civil judgment of removal is affirmed. |
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| 62 | 62 | | SECTION 4. (a) The change in law made by this Act to Section |
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| 63 | 63 | | 87.013, Local Government Code, applies only to conduct that occurs |
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| 64 | 64 | | on or after the effective date of this Act. Conduct that occurs |
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| 65 | 65 | | before the effective date of this Act is governed by the law in |
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| 66 | 66 | | effect on the date the conduct occurred, and the former law is |
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| 67 | 67 | | continued in effect for that purpose. |
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| 68 | 68 | | (b) The changes in law made by this Act to Sections 87.031 |
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| 69 | 69 | | and 87.032, Local Government Code, apply only to a suit or appeal |
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| 70 | 70 | | that begins on or after the effective date of this Act. A suit or |
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| 71 | 71 | | appeal that begins before the effective date of this Act is governed |
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| 72 | 72 | | by the law in effect on the date the suit or appeal began, and the |
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| 73 | 73 | | former law is continued in effect for that purpose. |
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| 74 | 74 | | SECTION 5. This Act takes effect September 1, 2009. |
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