By Ogden S.B. No. 1710 75R8005 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the removal of certain appointive officers from office 1-3 for good cause. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 665, Government Code, is 1-6 amended by adding Section 665.082 to read as follows: 1-7 Sec. 665.082. REMOVAL OF APPOINTIVE OFFICER FOR GOOD CAUSE. 1-8 (a) The governor may bring a civil action to remove from office 1-9 for good cause a person holding an appointive state or district 1-10 office filled by appointment of the governor. The governor may 1-11 bring the action: 1-12 (1) in a district court in Travis County or in the 1-13 county in which the officer resides; or 1-14 (2) in the supreme court. 1-15 (b) For purposes of this section, good cause for the removal 1-16 of an officer exists if the officer: 1-17 (1) has committed a serious violation of a law 1-18 relating to the officer's official duties or to public officials 1-19 generally; 1-20 (2) has persistently or grossly failed to perform the 1-21 officer's official duties; 1-22 (3) has engaged in conduct that is reasonably likely 1-23 to undermine the public trust in the officer; 1-24 (4) has committed conduct that constitutes a felony or 2-1 a crime of moral turpitude, whether or not the officer is charged 2-2 with or convicted of a criminal offense; or 2-3 (5) has committed a wilful violation of any other law 2-4 that resulted in serious harm or risk of serious harm to any 2-5 person. 2-6 (c) For purposes of Subsection (b), failure to attend all 2-7 meetings held over a period of six months by the board, commission, 2-8 or other body on which the officer serves, if more than one meeting 2-9 is held during that period, constitutes persistent failure to 2-10 perform the officer's official duties. 2-11 (d) The governor shall engage the services of an attorney to 2-12 represent the governor in the action. The governor may use the 2-13 services of an attorney who is an employee of the office of the 2-14 governor or may employ private counsel. The costs of prosecuting 2-15 the action, including the costs incurred in the employment of 2-16 counsel, shall be paid from money appropriated to the office of the 2-17 governor. 2-18 (e) The officer against whom the action is brought may 2-19 engage the services of an attorney to represent the officer. If 2-20 the officer is indigent, the court shall appoint an attorney to 2-21 represent the officer. 2-22 (f) The court shall give priority to an action brought under 2-23 this section over other matters that are not of an emergency 2-24 nature. 2-25 (g) The court shall order the officer against whom the 2-26 action is brought to relinquish the office if the governor 2-27 establishes by a preponderance of the evidence that good cause 3-1 exists for the removal of the officer. If the officer resigns 3-2 before a final judgment in the action, the court shall dismiss the 3-3 action. 3-4 (h) If the officer against whom the action is brought 3-5 prevails in the action, the court shall award the officer 3-6 reasonable attorney's fees. If the governor prevails in the 3-7 action, the court may award reasonable attorney's fees to the 3-8 state. 3-9 SECTION 2. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended, 3-14 and that this Act take effect and be in force from and after its 3-15 passage, and it is so enacted.