Texas House Bill HB4006

Texas 2025 - 89th Regular

• Filed: 3/6/25

Caption

Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.

Impact

The bill establishes a judicial process for the removal of these key legal figures, mandating a trial by jury to determine whether the grounds for removal are valid. During the trial, the jury is instructed to assess the evidence against the suspended attorney. If the jury affirms the claims, the elected official will be removed from office, while a failure to substantiate the claims will reinstate the official and terminate the temporary appointment. This legislative measure significantly impacts the governance and accountability mechanisms for elected legal officials within Texas.

Summary

House Bill 4006 seeks to outline the process for the suspension and removal of district attorneys, criminal district attorneys, and county attorneys in Texas. This legislation provides a framework in which the Governor has the authority to suspend such elected officials on the grounds that they have violated their duty to execute the laws of the state. The Governor must file a petition for removal in the relevant district court to formalize the suspension, which takes effect immediately upon filing. A temporary appointment will also be made to fill the position until a resolution is reached regarding the suspension.

Contention

Supporters of HB 4006 argue that it enhances accountability within the legal system by providing a means for the removal of district attorneys who fail to adhere to their responsibilities. They contend that it reinforces the rule of law and ensures that elected officials are held to high standards of conduct. However, critics raise concerns over potential misuse of the suspension authority, suggesting that it could enable political motivations to influence judicial processes. The bill may also affect institutional stability by allowing for sudden changes in key legal positions, which can disrupt the administration of justice in essential legal affairs.

Final_note

Overall, HB 4006 aims to create a more structured approach to addressing misconduct by legal officials in Texas, bridging a gap in the existing legal framework regarding accountability for attorneys in public office. However, its implementation will require careful oversight to prevent abuse of the suspension powers it establishes.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2. Firearm Suppressor Regulation
  • Section: New Section