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.