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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for removal of county officers from office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 87.011, Local Government Code, is |
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amended by adding Subdivision (2-a) to read as follows: |
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(2-a) "Intoxication" means the state of: |
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(A) having an alcohol concentration to qualify as |
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intoxicated under Section 49.01(2), Penal Code; or |
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(B) not having the normal use of mental or |
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physical faculties by reason of the introduction of alcohol, a |
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controlled substance, a drug, a dangerous drug, a combination of |
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two or more of those substances, or any other substance into the |
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body. |
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SECTION 2. Section 87.013, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.013. GENERAL GROUNDS FOR REMOVAL. (a) An officer |
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may be removed for: |
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(1) incompetency; |
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(2) official misconduct; or |
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(3) intoxication on or off duty [caused by drinking an |
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alcoholic beverage]. |
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(b) Intoxication is not a ground for removal if it appears |
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at the trial that the intoxication was caused by the use of a |
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substance [drinking an alcoholic beverage] on the direction and |
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prescription of a licensed physician practicing in this state. |
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SECTION 3. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |