Texas Senate Bill SB1105

Texas 2023 - 88th Regular

• Filed: 2/22/23

Caption

Relating to the suspension and removal of certain public officers.

Impact

Once enacted, SB1105 is set to create a more systematic approach to handling breaches of duty by public officials. The bill mandates that, once the governor files a suspension order, the Senate must convene and vote on the removal of the officer in question. This change aims to bring clarity and accountability to the process of public officer discipline, which proponents argue is critical for maintaining public trust in government. The provisions also state that if the Senate does not convene within a reasonable timeframe, the premise for the governor's order must still be respected, reinforcing legislative oversight over executive decisions.

Summary

SB1105, introduced by Senator Birdwell, deals with the suspension and removal of certain public officers in the state of Texas. This bill amends Chapter 665 of the Government Code and establishes detailed procedures for the suspension and potential removal of public officers, including state, county, and municipal officers. It outlines the grounds for suspension—such as refusal to enforce state laws, willful neglect of duty, or felony convictions—and mandates that the governor must file an executive order detailing these grounds. This process would ensure that there is a clear and structured procedure for addressing cases of officer misconduct.

Sentiment

The overall sentiment surrounding SB1105 appears to lean towards support for increased accountability of public officers, reflecting a desire among legislators and constituents to ensure that officials adhere to their responsibilities. However, there may also be concerns regarding the potential for political misuse of the suspension powers granted by the bill, particularly in an environment where political motivations can influence the governance process. Those in favor argue that the bill will enhance democratic processes, while critics warn of the risk of using such powers for partisan advantage.

Contention

A notable point of contention regarding SB1105 is its reliance on the constitutional amendment proposed by the 88th Legislature, which must be approved by voters for the bill to take effect. If voters reject the amendment, the provisions of SB1105 would not be enacted, leaving the current processes in place. This dependency on a later decision adds a layer of uncertainty to the bill's future and may spur significant public dialogue about the appropriate mechanisms for officer accountability. Additionally, the potential political repercussions of suspending officers using this bill could stimulate debates around the balance of power between the executive and legislative branches of government.

Texas Constitutional Statutes Affected

Government Code

• Chapter 665. Impeachment And Removal
  • Section: New Section