| 1 | 1 | | 89R13516 RDS-D |
|---|
| 2 | 2 | | By: Money H.B. No. 4006 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the suspension and removal from office of a district |
|---|
| 10 | 10 | | attorney, criminal district attorney, or county attorney of a |
|---|
| 11 | 11 | | political subdivision of this state. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subtitle C, Title 2, Government Code, is amended |
|---|
| 14 | 14 | | by adding Chapter 47 to read as follows: |
|---|
| 15 | 15 | | CHAPTER 47. SUSPENSION AND REMOVAL OF DISTRICT ATTORNEY, CRIMINAL |
|---|
| 16 | 16 | | DISTRICT ATTORNEY, OR COUNTY ATTORNEY |
|---|
| 17 | 17 | | Sec. 47.001. APPLICABILITY. This chapter applies only to a |
|---|
| 18 | 18 | | person serving in an elected office to which Section 7, Article XV, |
|---|
| 19 | 19 | | Texas Constitution, applies. |
|---|
| 20 | 20 | | Sec. 47.002. DUTY TO FOLLOW AND EXECUTE LAWS OF THIS STATE. |
|---|
| 21 | 21 | | A district attorney, criminal district attorney, or county attorney |
|---|
| 22 | 22 | | of a political subdivision of this state shall follow and execute |
|---|
| 23 | 23 | | the laws of this state in accordance with the attorney's oath of |
|---|
| 24 | 24 | | office. |
|---|
| 25 | 25 | | Sec. 47.003. SUSPENSION BY GOVERNOR; PETITION. (a) |
|---|
| 26 | 26 | | Notwithstanding any other law, the governor may suspend a district |
|---|
| 27 | 27 | | attorney, criminal district attorney, or county attorney of a |
|---|
| 28 | 28 | | political subdivision of this state on the grounds that the |
|---|
| 29 | 29 | | attorney violated Section 47.002. |
|---|
| 30 | 30 | | (b) The governor shall file a petition for removal of a |
|---|
| 31 | 31 | | district attorney, criminal district attorney, or county attorney |
|---|
| 32 | 32 | | the governor suspends under Subsection (a) in a district court in |
|---|
| 33 | 33 | | the county in which the attorney resides. |
|---|
| 34 | 34 | | (c) A suspension under this section: |
|---|
| 35 | 35 | | (1) takes effect on the date the petition under |
|---|
| 36 | 36 | | Subsection (b) is filed; and |
|---|
| 37 | 37 | | (2) is temporary pending the outcome of a trial under |
|---|
| 38 | 38 | | Section 47.004. |
|---|
| 39 | 39 | | (d) Notwithstanding any other law, if the governor suspends |
|---|
| 40 | 40 | | a district attorney, criminal district attorney, or county attorney |
|---|
| 41 | 41 | | under Subsection (a), the governor shall make a provisional |
|---|
| 42 | 42 | | appointment to temporarily fill the vacancy until the conclusion of |
|---|
| 43 | 43 | | the trial under Section 47.004. |
|---|
| 44 | 44 | | Sec. 47.004. TRIAL; REMOVAL. (a) A district attorney, |
|---|
| 45 | 45 | | criminal district attorney, or county attorney suspended by the |
|---|
| 46 | 46 | | governor under Section 47.003 may only be removed under this |
|---|
| 47 | 47 | | chapter following a trial by jury. |
|---|
| 48 | 48 | | (b) The trial for removal of a district attorney, criminal |
|---|
| 49 | 49 | | district attorney, or county attorney under this chapter and the |
|---|
| 50 | 50 | | proceedings connected with the trial shall be conducted to the |
|---|
| 51 | 51 | | extent practicable in accordance with the rules and practice of the |
|---|
| 52 | 52 | | court in other civil cases, in the name of the State of Texas. |
|---|
| 53 | 53 | | (c) In a trial under this section, the judge shall instruct |
|---|
| 54 | 54 | | the jury to find from the evidence whether the grounds for removal |
|---|
| 55 | 55 | | alleged in the petition are true. If the petition alleges more than |
|---|
| 56 | 56 | | one ground for removal, the jury shall indicate in the verdict which |
|---|
| 57 | 57 | | grounds are sustained by the evidence and which are not sustained. |
|---|
| 58 | 58 | | (d) If the jury finds that any ground for removal alleged in |
|---|
| 59 | 59 | | the petition is true, the suspended district attorney, criminal |
|---|
| 60 | 60 | | district attorney, or county attorney is immediately removed from |
|---|
| 61 | 61 | | office and the temporary appointment made under Section 47.003(d) |
|---|
| 62 | 62 | | continues until the vacancy in the office is filled as otherwise |
|---|
| 63 | 63 | | provided by law. |
|---|
| 64 | 64 | | (e) If the jury does not find that any ground for removal |
|---|
| 65 | 65 | | alleged in the petition is true: |
|---|
| 66 | 66 | | (1) the suspension of the district attorney, criminal |
|---|
| 67 | 67 | | district attorney, or county attorney is immediately terminated; |
|---|
| 68 | 68 | | (2) the temporary appointment made under Section |
|---|
| 69 | 69 | | 47.003(d) is terminated; and |
|---|
| 70 | 70 | | (3) the attorney is returned to office. |
|---|
| 71 | 71 | | (f) Except as provided by Subsection (g), in a trial to |
|---|
| 72 | 72 | | remove a district attorney or criminal district attorney of a |
|---|
| 73 | 73 | | political subdivision of this state under this chapter, the county |
|---|
| 74 | 74 | | attorney shall represent the state. |
|---|
| 75 | 75 | | (g) In a trial to remove a county attorney from office, the |
|---|
| 76 | 76 | | county attorney from an adjoining county, as selected by the |
|---|
| 77 | 77 | | commissioners court of the county in which the proceeding is |
|---|
| 78 | 78 | | pending, shall represent the state. |
|---|
| 79 | 79 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 80 | 80 | | conduct of a district attorney, criminal district attorney, or |
|---|
| 81 | 81 | | county attorney of a political subdivision of this state that |
|---|
| 82 | 82 | | occurs on or after the effective date of this Act. |
|---|
| 83 | 83 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|