| 1 | 1 | | 88R16178 AMF-F |
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| 2 | 2 | | By: Meza, Bumgarner, et al. H.B. No. 3264 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the grounds for removal of county officers from office. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 87.011, Local Government Code, is |
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| 10 | 10 | | amended by adding Subdivision (2-a) to read as follows: |
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| 11 | 11 | | (2-a) "Intoxication" means the state of: |
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| 12 | 12 | | (A) having an alcohol concentration to qualify as |
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| 13 | 13 | | intoxicated under Section 49.01(2), Penal Code; or |
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| 14 | 14 | | (B) not having the normal use of mental or |
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| 15 | 15 | | physical faculties by reason of the introduction of alcohol, a |
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| 16 | 16 | | controlled substance, a drug, a dangerous drug, a combination of |
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| 17 | 17 | | two or more of those substances, or any other substance into the |
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| 18 | 18 | | body. |
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| 19 | 19 | | SECTION 2. Section 87.013, Local Government Code, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | Sec. 87.013. GENERAL GROUNDS FOR REMOVAL. (a) An officer |
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| 22 | 22 | | may be removed for: |
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| 23 | 23 | | (1) incompetency; |
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| 24 | 24 | | (2) official misconduct; or |
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| 25 | 25 | | (3) intoxication on or off duty [caused by drinking an |
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| 26 | 26 | | alcoholic beverage]. |
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| 27 | 27 | | (b) Intoxication is not a ground for removal if it appears |
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| 28 | 28 | | at the trial that the intoxication was caused by the use of a |
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| 29 | 29 | | substance [drinking an alcoholic beverage] on the direction and |
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| 30 | 30 | | prescription of a licensed physician practicing in this state. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 32 | | to conduct that occurs on or after the effective date of this Act. |
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| 33 | 33 | | Conduct that occurs before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the conduct occurred, and |
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| 35 | 35 | | the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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