Texas House Bill HB3264

Texas 2023 - 88th Regular

• Filed: 3/2/23
• Out of House Committee: 5/2/23
• Voted on by House: 5/12/23

Caption

Relating to the grounds for removal of county officers from office.

Impact

The bill amends existing local government statutes to explicitly address issues related to intoxication, and its implications could have significant effects on the accountability mechanisms for county officers. By providing a more explicit definition, HB3264 may help to facilitate more consistent enforcement of removal grounds, thereby supporting efforts to maintain professional and ethical standards among county officials. Aspects of local governance, especially related to law enforcement of public officials, may see a more rigorous application of these defined standards post-enactment.

Summary

House Bill 3264 provides a clear definition of 'intoxication' in relation to the grounds for the removal of county officers from their positions. Specifically, the bill states that intoxication can be determined by having a blood alcohol concentration qualifying as intoxicated under Texas Penal Code Section 49.012, or by lacking the normal use of mental or physical faculties due to any substance, including alcohol or controlled substances. This bill aims to clarify existing law and establish a standardized criterion for assessing the conduct of county officers in these situations.

Sentiment

The sentiment around HB3264 appears to be predominantly positive among those who see the need for clarity and consistency in the removal process for county officers. Proponents argue that the bill will help uphold the integrity of local governance by establishing clear and enforceable standards. Conversely, some may express concerns about the subjective nature of interpreting intoxication and the potential for misapplication of the law against county officials, leading to calls for caution in its implementation.

Contention

A notable point of contention surrounds the grounds for removal, particularly concerning the definition of intoxication and the criteria determining removal from office. Critics may worry that broad interpretations of intoxication could lead to unnecessary or politically motivated removals of officials. Additionally, the provision that intoxication cannot be a ground for removal if caused by a physician's prescription might raise concerns about accountability, creating potential loopholes for misuse.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 87. Removal Of County Officers From Office; Filling Of Vacancies
  • Section: New Section
  • Section: New Section
  • Section: New Section