89R23632 JBD-D
By: Curry, Cook H.B. No. 2715
Substitute the following for H.B. No. 2715:
By: King C.S.H.B. No. 2715
A BILL TO BE ENTITLED
AN ACT
relating to the removal from office of certain officers of
political subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.015(c), Local Government Code, is
amended to read as follows:
(c) A petition for removal of an officer under this
subchapter [other than a prosecuting attorney must be addressed to
the district judge of the court in which it is filed. A petition for
removal of a prosecuting attorney] must be addressed to the
presiding judge of the administrative judicial region in which the
petition is filed. The petition must set forth the grounds alleged
for the removal of the officer in plain and intelligible language
and must cite the time and place of the occurrence of each act
alleged as a ground for removal with as much certainty as the nature
of the case permits.
SECTION 2. Section 87.0151, Local Government Code, is
amended to read as follows:
Sec. 87.0151. ASSIGNMENT OF JUDGE [IN CERTAIN CASES]. (a)
Immediately after a petition for removal of an officer under this
subchapter [a prosecuting attorney] is filed under Section 87.015,
the district clerk shall deliver a copy of the petition to the
presiding judge of the administrative judicial region in which the
court sits.
(b) On receiving a petition for removal [of a prosecuting
attorney] under Subsection (a), the presiding judge of the
administrative judicial region shall assign a district court judge
of a judicial district that does not include the county in which the
petition was filed to conduct the removal proceedings.
SECTION 3. Section 87.018(f), Local Government Code, is
amended to read as follows:
(f) In a proceeding to remove an officer under this
subchapter [a prosecuting attorney from office], the presiding
judge of the administrative judicial region in which the petition
for removal was filed shall appoint a prosecuting attorney from
another judicial district or county, as applicable, in the
administrative judicial region to represent the state.
SECTION 4. Sections 87.018(d) and (e), Local Government
Code, are repealed.
SECTION 5. The changes in law made by this Act apply only to
the removal of an officer under Subchapter B, Chapter 87, Local
Government Code, for which the petition for removal is filed under
that subchapter on or after the effective date of this Act. The
removal of an officer for which the petition for removal is filed
before the effective date of this Act is governed by the law in
effect on the date the petition is filed, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.