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.