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