By Brimer H.B. No. 2513
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removal of certain district and county officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 87.013, Local Government Code, is amended
1-5 by amending Subsection (a) and adding Subsections (c) and (d) to
1-6 read as follows:
1-7 (a) An officer may be removed for:
1-8 (1) incompetency;
1-9 (2) official misconduct; <
1-10 (3) intoxication on or off duty caused by drinking an
1-11 alcoholic beverage; or
1-12 (4) absence from the district or county, as
1-13 applicable, as provided by Subsection (c).
1-14 (b) Intoxication is not a ground for removal if it appears
1-15 at the trial that the intoxication was caused by drinking an
1-16 alcoholic beverage on the direction and prescription of a licensed
1-17 physician practicing in this state.
1-18 (c) An officer is absent from the district or county, as
1-19 applicable, if the officer is not continuously and without
1-20 interruption present in the district or county, except for absences
1-21 from the district or county of 15 or fewer days a month. This
1-22 subsection does not apply to sickness or vacation.
1-23 (d) Subsections (a)(4) and (c) do not supercede Section
2-2 SECTION 2. This Act applies to a district or county officer
2-3 who is absent from the district or county, as applicable, for the
2-4 requisite period after the effective date of this Act.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.