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.