BILL ANALYSIS C.S.H.B. 246 By: Gutierrez 3-29-95 Committee Report (Substituted) BACKGROUND In 1994, a jury found an elected Hidalgo County official guilty of felony charges. After the county officer refused to step down from office, both political parties petitioned to force his removal and place the office on the November 8th election ballot. The petition was dismissed from the 13th Court of Criminal Appeals ruling that the judgment was not final until sentencing. As the law is written, one can construe different interpretation of the removal statute. PURPOSE This legislation establishes that as soon as the defendant is found guilty of a felony or misdemeanor involving official misconduct, he or she is effectively removed from office. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 87.031 of the Local Government Code to read as follows: (a) An adjudication of guilt of a county officer by a petit jury or trial court judge for any felony or an official misconduct misdemeanor operates as immediate removal of that officer. The commissioners court shall immediately appoint a temporary officer to perform the duties. (b) The court shall include a removal order in the judgment and not withstanding the courts execution of the order of removal, the removal is effective immediately after an adjudication of guilt under subsection (a). SECTION 2. Amends Section 87.032 of the Local Government Code to read as follows: (a) An appeal by the officer does not affect the removal of the officer. (b) If the officer is acquitted on appeal, the county is required to reinstate the officer and provide back pay, including any increase in compensation the officer would have received had the officer not been removed. (c) If the officer is not acquitted, the office will be filled as provided by Subchapter D and the Election Code as if the office were vacant. SECTION 3. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute adds language to establish more clearly that immediately after the adjudication of guilt, the officer is removed and the commissioners court appoints another person to temporarily perform the duties of the convicted officer. The committee substitute also additionally provides language clarifying that the removal is effective immediately after adjudication of guilt, regardless of the process involved in the court's execution of the order of removal. The committee substitute adds a provision stating that an appeal does not affect the removal, however, if the officer is acquitted, he will be reinstated and back pay must be provided. The committee substitute adds a provision establishing that if the officer is not acquitted on appeal, the office shall be filled as provided by Subchapter D and the Election Code with the temporary appointee continuing to perform his duties until a successor qualifies for the office. SUMMARY OF COMMITTEE ACTION HB 246 was considered by the County Affairs Committee in a public hearing on 3/29/95. The committee considered a complete committee substitute for HB 246. One amendment was offered to the substitute. The amendment was adopted without objection. The substitute, as amended, was adopted without objection. The chair directed the staff to incorporate the amendment into the substitute. HB 246 was reported favorably as substituted with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 1 nay, 0 pnv, 1 absent.