By: Hinojosa S.B. No. 232
(In the Senate - Filed November 15, 2022;
February 15, 2023, read first time and referred to Committee on
State Affairs; April 28, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 10, Nays 0;
April 28, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 232 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the removal from office of an officer of a political
subdivision for commission of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.010 to read as follows:
Sec. 180.010. REMOVAL FOR CERTAIN CRIMINAL OFFENSES.
(a) In this section, "qualifying offense" means a criminal offense
involving:
(1) bribery;
(2) theft of public money;
(3) perjury;
(4) coercion of public servant or voter;
(5) tampering with governmental record;
(6) misuse of official information;
(7) abuse of official capacity; or
(8) conspiracy or the attempt to commit any of the
offenses described by this subsection.
(b) A person who holds an elected or appointed office of a
political subdivision is automatically removed from and vacates the
office on the earlier of the date the person:
(1) enters a plea of guilty or nolo contendere to a
qualifying offense;
(2) receives deferred adjudication for a qualifying
offense; or
(3) is convicted of a qualifying offense.
(c) The governing body of a political subdivision shall at
the first regularly scheduled meeting of the governing body for
which notice is required under Chapter 551, Government Code,
following the date an officer of the political subdivision is
removed from office under this section:
(1) order an election on the question of filling the
vacancy to be held on the first day that allows sufficient time to
comply with other requirements of law, if an election is required to
fill the vacancy; or
(2) fill the vacancy in the manner provided by law, if
an election is not required.
SECTION 2. Section 21.031(c), Local Government Code, is
amended to read as follows:
(c) If the removed officer appeals the judgment, other than
for an offense to which Section 180.010 applies, the appeal
supersedes the order of removal unless the court that renders the
judgment finds that it is in the public interest to suspend the
removed officer pending the appeal. If the court finds that the
public interest requires suspension, the court shall suspend the
removed officer as provided by this subchapter.
SECTION 3. Section 87.032, Local Government Code, is
amended to read as follows:
Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals
the judgment, other than for an offense to which Section 180.010
applies, the appeal supersedes the order of removal unless the
court that renders the judgment finds that it is in the public
interest to suspend the officer pending the appeal. If the court
finds that the public interest requires suspension, the court shall
suspend the officer as provided by this chapter.
SECTION 4. Section 180.010, Local Government Code, as added
by this Act, applies only to an officer of a political subdivision
who enters a plea of guilty or nolo contendere to, or receives
deferred adjudication for or is convicted of, a qualifying offense,
as that term is defined by that section, on or after the effective
date of this Act.
SECTION 5. This Act takes effect September 1, 2023.
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