Texas 2023 - 88th Regular

Texas Senate Bill SB1105 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R7416 BEF-D
2	2	By: Birdwell S.B. No. 1105
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the suspension and removal of certain public officers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 665, Government Code, is
10	10	amended to read as follows:
11	11	CHAPTER 665. SUSPENSION, IMPEACHMENT, AND REMOVAL
12	12	SECTION 2. Chapter 665, Government Code, is amended by
13	13	adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. SUSPENSION AND REMOVAL OF CERTAIN PUBLIC OFFICERS
15	15	Sec. 665.101. DEFINITION. In this subchapter, "officer"
16	16	means:
17	17	(1) a state officer, other than a member of the
18	18	legislature or an officer listed in Section 2, Article XV, Texas
19	19	Constitution;
20	20	(2) an officer of the military forces of this state not
21	21	called into actual service of the United States;
22	22	(3) a county officer; or
23	23	(4) a municipal officer.
24	24	Sec. 665.102. APPLICABILITY. This subchapter applies to
25	25	the suspension and removal of an officer under Section 10, Article
26	26	XV, Texas Constitution.
27	27	Sec. 665.103. EXECUTIVE ORDER. (a) An executive order
28	28	suspending an officer must:
29	29	(1) state that the governor has suspended the officer
30	30	from office for one or more of the following reasons:
31	31	(A) the office has publicly declared that the
32	32	officer will not enforce the laws of this state;
33	33	(B) the officer has wilfully neglected the duties
34	34	of office; or
35	35	(C) the officer has been finally convicted of a
36	36	felony; and
37	37	(2) describe the officer's conduct that constitutes
38	38	grounds for the suspension.
39	39	(b) The governor shall:
40	40	(1) file the executive order with the secretary of
41	41	state; and
42	42	(2) give a copy of the executive order in person or by
43	43	registered mail to the officer being suspended.
44	44	Sec. 665.104. PROCEDURE WHEN SENATE IS IN SESSION. If the
45	45	senate is in a regular or called session when the governor files an
46	46	executive order suspending an officer with the secretary of state,
47	47	the secretary of state shall deliver by personal messenger a
48	48	certified copy of the executive order to the secretary of the
49	49	senate. The senate shall receive the executive order and set a day
50	50	and time to conduct a vote on the question of removing the officer.
51	51	Sec. 665.105. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a)
52	52	If the senate is not in a regular or called session when the
53	53	governor files an executive order suspending an officer with the
54	54	secretary of state, the secretary of state shall deliver by
55	55	personal messenger or certified or registered mail a certified copy
56	56	of the executive order to the lieutenant governor and the president
57	57	pro tempore of the senate.
58	58	(b) Upon receiving a copy of the executive order from the
59	59	secretary of state, the lieutenant governor shall issue a
60	60	proclamation setting a day and time for the senate to convene and
61	61	conduct a vote on the question of removing the officer. If the
62	62	lieutenant governor fails to issue the proclamation within five
63	63	days of receiving the copy, the president pro tempore of the senate
64	64	shall issue a proclamation setting a day and time for the senate to
65	65	convene and conduct a vote on the question of removing the officer.
66	66	(c) A copy of the proclamation and the executive order shall
67	67	be sent by registered or certified mail to each member of the
68	68	senate.
69	69	Sec. 665.106. VOTE BY SENATE ON REMOVAL. (a) Regardless of
70	70	whether the legislature is in a regular or called session, the
71	71	senate shall convene on the day and time set under Section 665.104
72	72	or 665.105 unless the governor has reinstated the officer or the
73	73	officer has resigned from office.
74	74	(b) Before the senate votes on the question of removal, the
75	75	governor or a person selected by the governor may address the senate
76	76	to explain the reasons for the suspension and proposed removal.
77	77	(c) If a majority of the members of the senate present vote
78	78	to remove the officer, the officer is permanently removed from
79	79	office and disqualified from holding any office of honor, trust, or
80	80	profit under this state.
81	81	(d) If a majority of the members of the senate present vote
82	82	in the negative on the question of removal, the suspension is lifted
83	83	and the officer is reinstated to office immediately.
84	84	SECTION 3. This Act takes effect January 1, 2024, but only
85	85	if the constitutional amendment proposed by the 88th Legislature,
86	86	Regular Session, 2023, providing for the suspension of certain
87	87	public officers by the governor and the trial, removal, and
88	88	reinstatement of certain public officers by the senate is approved
89	89	by the voters. If that amendment is not approved by the voters,
90	90	this Act has no effect.