By Gutierrez H.B. No. 246
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removing a county official from office.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 87.031, Local Government Code, is amended
1-5 to read as follows:
1-6 Sec. 87.031. IMMEDIATE REMOVAL. (a) The adjudication of
1-7 guilt <conviction> of a county officer involved with law
1-8 enforcement by a petit jury or trial court judge for any felony or
1-9 for a misdemeanor involving official misconduct operates as an
1-10 immediate removal from office of that officer. Immediately after
1-11 the adjudication of guilt, the commissioners court of the county
1-12 shall temporarily appoint another person to perform the duties of
1-13 the office.
1-14 (b) The court rendering judgment in such a case shall
1-15 include an order removing the officer in the judgment.
1-16 Notwithstanding the court's execution of the order of removal, the
1-17 removal of an officer is effective immediately after an
1-18 adjudication of guilt under Subsection (a).
1-19 SECTION 2. Section 87.032, Local Government Code, is amended
1-20 to read as follows:
1-21 Sec. 87.032. APPEAL; SUSPENSION. (a) If the officer
1-22 appeals the judgment, the appeal does not affect <supersedes> the
1-23 <order of> removal of the officer <unless the court that renders
1-24 the judgment finds that it is in the public interest to suspend the
2-1 officer pending the appeal. If the court finds that the public
2-2 interest requires suspension, the court shall suspend the officer
2-3 as provided by this subchapter>.
2-4 (b) If the officer is acquitted on appeal, the county shall
2-5 reinstate the officer and pay the officer from the general fund of
2-6 the county an amount equal to the compensation, including any
2-7 increase in compensation, the officer would have received if the
2-8 officer had not been removed.
2-9 (c) If the officer is not acquitted on appeal, the office of
2-10 the removed officer is filled as provided by Subchapter D and the
2-11 Election Code as if the office were vacant. The temporary
2-12 appointee may continue to perform the duties of the office until a
2-13 successor qualifies for the office as provided by this subsection.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.