By Gallego H.B. No. 848
74R3101 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the removal procedure applying to county officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 87.016(a)-(c), Local Government Code,
1-5 are amended to read as follows:
1-6 (a) When <After> a petition for removal is filed, the person
1-7 filing the petition shall apply to the district judge in writing
1-8 for an order requiring a citation and a certified copy of the
1-9 petition to be served on the officer.
1-10 (b) Action <If the application for the order is made during
1-11 the term of the court, action> may not be taken on the petition
1-12 until the order is granted and entered in the minutes of the court.
1-13 The judge must grant or refuse to grant the order within 10 days
1-14 after the date the application for the order is filed with the
1-15 court. If the order is granted during the term of the court, the
1-16 judge shall enter the order in the minutes of the court when the
1-17 order is granted. If the order is granted during the vacation of
1-18 the court, the judge shall enter the order in the minutes of the
1-19 court promptly at the beginning of the next term of the court. <If
1-20 the application is made to the judge during the vacation of the
1-21 court, the judge shall indicate on the petition the action taken
1-22 and shall have the action entered in the minutes of the court at
1-23 the next term.>
1-24 (c) If the judge does not grant <refuses to issue> the order
2-1 within the period prescribed by Subsection (b) <for citation>, the
2-2 petition is <shall be> dismissed by operation of law at the cost of
2-3 the person filing the petition. The person may not take an appeal
2-4 or writ of error from the judge's decision. If the judge grants
2-5 the order within the period prescribed by Subsection (b) <for
2-6 citation>, the clerk shall issue the citation with a certified copy
2-7 of the petition promptly after the order is entered in the minutes
2-8 of the court. The judge shall require the person filing the
2-9 petition to post security for costs in the manner provided for
2-10 other cases.
2-11 SECTION 2. The amendments by this Act of Section 87.016,
2-12 Local Government Code, relating to changes in the procedure for the
2-13 removal of county officers, apply only to removal procedures that
2-14 are initiated by the filing of a petition on or after September 1,
2-15 1995. Removal procedures that are initiated by the filing of a
2-16 petition before that date are governed by the law in effect at the
2-17 time the petition is filed, and the former law is continued in
2-18 effect for this purpose.
2-19 SECTION 3. This Act takes effect September 1, 1995.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.