88R7416 BEF-D
By: Birdwell S.B. No. 1105
A BILL TO BE ENTITLED
AN ACT
relating to the suspension and removal of certain public officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 665, Government Code, is
amended to read as follows:
CHAPTER 665. SUSPENSION, IMPEACHMENT, AND REMOVAL
SECTION 2. Chapter 665, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. SUSPENSION AND REMOVAL OF CERTAIN PUBLIC OFFICERS
Sec. 665.101. DEFINITION. In this subchapter, "officer"
means:
(1) a state officer, other than a member of the
legislature or an officer listed in Section 2, Article XV, Texas
Constitution;
(2) an officer of the military forces of this state not
called into actual service of the United States;
(3) a county officer; or
(4) a municipal officer.
Sec. 665.102. APPLICABILITY. This subchapter applies to
the suspension and removal of an officer under Section 10, Article
XV, Texas Constitution.
Sec. 665.103. EXECUTIVE ORDER. (a) An executive order
suspending an officer must:
(1) state that the governor has suspended the officer
from office for one or more of the following reasons:
(A) the office has publicly declared that the
officer will not enforce the laws of this state;
(B) the officer has wilfully neglected the duties
of office; or
(C) the officer has been finally convicted of a
felony; and
(2) describe the officer's conduct that constitutes
grounds for the suspension.
(b) The governor shall:
(1) file the executive order with the secretary of
state; and
(2) give a copy of the executive order in person or by
registered mail to the officer being suspended.
Sec. 665.104. PROCEDURE WHEN SENATE IS IN SESSION. If the
senate is in a regular or called session when the governor files an
executive order suspending an officer with the secretary of state,
the secretary of state shall deliver by personal messenger a
certified copy of the executive order to the secretary of the
senate. The senate shall receive the executive order and set a day
and time to conduct a vote on the question of removing the officer.
Sec. 665.105. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a)
If the senate is not in a regular or called session when the
governor files an executive order suspending an officer with the
secretary of state, the secretary of state shall deliver by
personal messenger or certified or registered mail a certified copy
of the executive order to the lieutenant governor and the president
pro tempore of the senate.
(b) Upon receiving a copy of the executive order from the
secretary of state, the lieutenant governor shall issue a
proclamation setting a day and time for the senate to convene and
conduct a vote on the question of removing the officer. If the
lieutenant governor fails to issue the proclamation within five
days of receiving the copy, the president pro tempore of the senate
shall issue a proclamation setting a day and time for the senate to
convene and conduct a vote on the question of removing the officer.
(c) A copy of the proclamation and the executive order shall
be sent by registered or certified mail to each member of the
senate.
Sec. 665.106. VOTE BY SENATE ON REMOVAL. (a) Regardless of
whether the legislature is in a regular or called session, the
senate shall convene on the day and time set under Section 665.104
or 665.105 unless the governor has reinstated the officer or the
officer has resigned from office.
(b) Before the senate votes on the question of removal, the
governor or a person selected by the governor may address the senate
to explain the reasons for the suspension and proposed removal.
(c) If a majority of the members of the senate present vote
to remove the officer, the officer is permanently removed from
office and disqualified from holding any office of honor, trust, or
profit under this state.
(d) If a majority of the members of the senate present vote
in the negative on the question of removal, the suspension is lifted
and the officer is reinstated to office immediately.
SECTION 3. This Act takes effect January 1, 2024, but only
if the constitutional amendment proposed by the 88th Legislature,
Regular Session, 2023, providing for the suspension of certain
public officers by the governor and the trial, removal, and
reinstatement of certain public officers by the senate is approved
by the voters. If that amendment is not approved by the voters,
this Act has no effect.