74R9631 E
          By Gutierrez                                           H.B. No. 246
          Substitute the following for H.B. No. 246:
          By Kamel                                           C.S.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 by a petit jury or trial
    1-8  court judge for any felony or for a misdemeanor involving official
    1-9  misconduct operates as an immediate removal from office of that
   1-10  officer.  Immediately after the adjudication of guilt, the
   1-11  commissioners court of the county shall temporarily appoint another
   1-12  person to perform the duties of the office.
   1-13        (b)  The court rendering judgment in such a case shall
   1-14  include an order removing the officer in the judgment.
   1-15  Notwithstanding the court's execution of the order of removal, the
   1-16  removal of an officer is effective immediately after an
   1-17  adjudication of guilt under Subsection (a).
   1-18        SECTION 2.  Section 87.032, Local Government Code, is amended
   1-19  to read as follows:
   1-20        Sec. 87.032.  APPEAL; SUSPENSION.  (a)  If the officer
   1-21  appeals the judgment, the appeal does not affect <supersedes> the
   1-22  <order of> removal of the officer <unless the court that renders
   1-23  the judgment finds that it is in the public interest to suspend the
   1-24  officer pending the appeal.  If the court finds that the public
    2-1  interest requires suspension, the court shall suspend the officer
    2-2  as provided by this subchapter>.
    2-3        (b)  If the officer is acquitted on appeal, the county shall
    2-4  reinstate the officer and pay the officer from the general fund of
    2-5  the county an amount equal to the compensation, including any
    2-6  increase in compensation, the officer would have received if the
    2-7  officer had not been removed.
    2-8        (c)  If the officer is not acquitted on appeal, the office of
    2-9  the removed officer is filled as provided by Subchapter D and the
   2-10  Election Code as if the office were vacant.  The temporary
   2-11  appointee may continue to perform the duties of the office until a
   2-12  successor qualifies for the office as provided by this subsection.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended,
   2-18  and that this Act take effect and be in force from and after its
   2-19  passage, and it is so enacted.