| 1 | 1 | | S.B. No. 232 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the removal from office of an officer of a political |
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| 6 | 6 | | subdivision for commission of certain criminal offenses. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 9 | 9 | | by adding Section 180.010 to read as follows: |
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| 10 | 10 | | Sec. 180.010. REMOVAL FOR CERTAIN CRIMINAL OFFENSES. |
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| 11 | 11 | | (a) In this section, "qualifying offense" means a criminal offense |
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| 12 | 12 | | involving: |
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| 13 | 13 | | (1) bribery; |
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| 14 | 14 | | (2) theft of public money; |
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| 15 | 15 | | (3) perjury; |
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| 16 | 16 | | (4) coercion of public servant or voter; |
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| 17 | 17 | | (5) tampering with governmental record; |
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| 18 | 18 | | (6) misuse of official information; |
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| 19 | 19 | | (7) abuse of official capacity; or |
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| 20 | 20 | | (8) conspiracy or the attempt to commit any of the |
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| 21 | 21 | | offenses described by this subsection. |
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| 22 | 22 | | (b) A person who holds an elected or appointed office of a |
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| 23 | 23 | | political subdivision is automatically removed from and vacates the |
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| 24 | 24 | | office on the earlier of the date the person: |
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| 25 | 25 | | (1) enters a plea of guilty or nolo contendere to a |
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| 26 | 26 | | qualifying offense; |
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| 27 | 27 | | (2) receives deferred adjudication for a qualifying |
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| 28 | 28 | | offense; or |
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| 29 | 29 | | (3) is convicted of a qualifying offense. |
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| 30 | 30 | | (c) The governing body of a political subdivision shall at |
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| 31 | 31 | | the first regularly scheduled meeting of the governing body for |
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| 32 | 32 | | which notice is required under Chapter 551, Government Code, |
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| 33 | 33 | | following the date an officer of the political subdivision is |
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| 34 | 34 | | removed from office under this section: |
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| 35 | 35 | | (1) order an election on the question of filling the |
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| 36 | 36 | | vacancy to be held on the first day that allows sufficient time to |
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| 37 | 37 | | comply with other requirements of law, if an election is required to |
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| 38 | 38 | | fill the vacancy; or |
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| 39 | 39 | | (2) fill the vacancy in the manner provided by law, if |
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| 40 | 40 | | an election is not required. |
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| 41 | 41 | | SECTION 2. Section 21.031(c), Local Government Code, is |
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| 42 | 42 | | amended to read as follows: |
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| 43 | 43 | | (c) If the removed officer appeals the judgment, other than |
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| 44 | 44 | | for an offense to which Section 180.010 applies, the appeal |
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| 45 | 45 | | supersedes the order of removal unless the court that renders the |
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| 46 | 46 | | judgment finds that it is in the public interest to suspend the |
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| 47 | 47 | | removed officer pending the appeal. If the court finds that the |
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| 48 | 48 | | public interest requires suspension, the court shall suspend the |
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| 49 | 49 | | removed officer as provided by this subchapter. |
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| 50 | 50 | | SECTION 3. Section 87.032, Local Government Code, is |
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| 51 | 51 | | amended to read as follows: |
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| 52 | 52 | | Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals |
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| 53 | 53 | | the judgment, other than for an offense to which Section 180.010 |
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| 54 | 54 | | applies, the appeal supersedes the order of removal unless the |
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| 55 | 55 | | court that renders the judgment finds that it is in the public |
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| 56 | 56 | | interest to suspend the officer pending the appeal. If the court |
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| 57 | 57 | | finds that the public interest requires suspension, the court shall |
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| 58 | 58 | | suspend the officer as provided by this chapter. |
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| 59 | 59 | | SECTION 4. Section 180.010, Local Government Code, as added |
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| 60 | 60 | | by this Act, applies only to an officer of a political subdivision |
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| 61 | 61 | | who enters a plea of guilty or nolo contendere to, or receives |
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| 62 | 62 | | deferred adjudication for or is convicted of, a qualifying offense, |
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| 63 | 63 | | as that term is defined by that section, on or after the effective |
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| 64 | 64 | | date of this Act. |
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| 65 | 65 | | SECTION 5. This Act takes effect September 1, 2023. |
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| 66 | 66 | | ______________________________ ______________________________ |
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| 67 | 67 | | President of the Senate Speaker of the House |
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| 68 | 68 | | I hereby certify that S.B. No. 232 passed the Senate on |
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| 69 | 69 | | May 3, 2023, by the following vote: Yeas 31, Nays 0. |
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| 70 | 70 | | ______________________________ |
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| 71 | 71 | | Secretary of the Senate |
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| 72 | 72 | | I hereby certify that S.B. No. 232 passed the House on |
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| 73 | 73 | | May 24, 2023, by the following vote: Yeas 129, Nays 9, |
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| 74 | 74 | | one present not voting. |
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| 75 | 75 | | ______________________________ |
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| 76 | 76 | | Chief Clerk of the House |
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| 77 | 77 | | Approved: |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | ______________________________ |
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| 81 | 81 | | Governor |
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