1-1                                   AN ACT
 1-2     relating to the removal of a member of the governing body of a
 1-3     general-law municipality.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 21, Local Government Code, is amended by
 1-6     designating Section 21.001 as Subchapter A and adding a heading to
 1-7     Subchapter A to read as follows:
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           SECTION 2.  Chapter 21, Local Government Code, is amended by
1-10     adding Subchapter B to read as follows:
1-11      SUBCHAPTER B.  REMOVAL OF MEMBER OF GOVERNING BODY OF GENERAL-LAW
1-12                                MUNICIPALITY
1-13           Sec. 21.021.  APPLICABILITY.  This subchapter applies only to
1-14     a general-law municipality.
1-15           Sec. 21.022.  DEFINITIONS.  In this subchapter:
1-16                 (1)  "District attorney" includes a criminal district
1-17     attorney.
1-18                 (2)  "Incompetency" means:
1-19                       (A)  gross ignorance of official duties;
1-20                       (B)  gross carelessness in the discharge of
1-21     official duties; or
1-22                       (C)  inability or unfitness to promptly and
1-23     properly discharge official duties because of a serious mental or
1-24     physical defect that did not exist at the time of the officer's
 2-1     election.
 2-2                 (3)  "Officer" means the mayor or another member of the
 2-3     governing body of a municipality.
 2-4                 (4)  "Official misconduct" means intentional unlawful
 2-5     behavior relating to official duties by an officer entrusted with
 2-6     the administration of justice or the execution of the law.  The
 2-7     term includes an intentional or corrupt failure, refusal, or
 2-8     neglect of an officer to perform a duty imposed on the officer by
 2-9     law.
2-10           Sec. 21.023.  REMOVAL FROM OFFICE.  The district judge may
2-11     remove an officer of the municipality from office as provided by
2-12     this subchapter.
2-13           Sec. 21.024.  NO REMOVAL BEFORE ACTION.  (a)  An officer may
2-14     not be removed under this subchapter for an act the officer
2-15     committed before election to office.
2-16           Sec. 21.025.  GENERAL GROUNDS FOR REMOVAL.  (a)  An officer
2-17     may be removed from office for:
2-18                 (1)  incompetency;
2-19                 (2)  official misconduct; or
2-20                 (3)  intoxication on or off duty caused by drinking an
2-21     alcoholic beverage.
2-22           (b)  Intoxication is not a ground for removal if it appears
2-23     at the trial that the intoxication was caused by drinking an
2-24     alcoholic beverage on the direction and prescription of a licensed
2-25     physician practicing in this state.
2-26           Sec. 21.026.  PETITION FOR REMOVAL.  (a)  A proceeding for
2-27     the removal of an officer is begun by filing a written petition for
 3-1     removal in a district court of the county in which the officer
 3-2     resides.
 3-3           (b)  Any resident of the municipality who has lived for at
 3-4     least six months in the municipality and who is not currently under
 3-5     indictment in the county in which the municipality is located may
 3-6     file the petition.  At least one of the parties who files the
 3-7     petition must swear to it at or before the filing.
 3-8           (c)  The petition must be addressed to the district judge of
 3-9     the court in which it is filed.  The petition must specify the
3-10     grounds alleged for the removal of the officer in plain and
3-11     intelligible language and must cite the time and place of the
3-12     occurrence of each act alleged as a ground for removal with as much
3-13     certainty as the nature of the case permits.
3-14           Sec. 21.027.  CITATION OF OFFICER.  (a)  After a petition for
3-15     removal is filed, the person filing the petition shall apply to the
3-16     district judge in writing for an order requiring a citation and a
3-17     certified copy of the petition to be served on the officer.
3-18           (b)  If the application for the order is made during the term
3-19     of the court, action may not be taken on the petition until the
3-20     order is granted and entered in the minutes of the court.  If the
3-21     application is made to the judge during the vacation of the court,
3-22     the judge shall indicate on the petition the action taken and shall
3-23     have the action entered in the minutes of the court at the next
3-24     term.
3-25           (c)  If the judge refuses to issue the order for citation,
3-26     the petition shall be dismissed at the cost of the person filing
3-27     the petition.  The person may not take an appeal from the judge's
 4-1     decision or apply for a writ of mandamus.  If the judge grants the
 4-2     order for citation, the clerk shall issue the citation with a
 4-3     certified copy of the petition.  The judge shall require the person
 4-4     filing the petition to post security for costs in the manner
 4-5     provided for other cases.
 4-6           (d)  The citation shall order the officer to appear and
 4-7     answer the petition on a date, fixed by the judge, after the fifth
 4-8     day after the date the citation is served.  The time is computed as
 4-9     it is in other suits.  Disposition of this action by the district
4-10     court shall take precedence over other civil matters on the court's
4-11     docket.
4-12           Sec. 21.028.  BOND.  (a)  The judge shall require the person
4-13     filing the petition to execute a bond, with at least two good and
4-14     sufficient sureties, in an amount fixed by the judge and
4-15     conditioned as required by the judge.  The bond shall be used to
4-16     pay damages and costs to the officer if the grounds for removal are
4-17     found at trial to be insufficient or untrue.  The officer must
4-18     serve written notice on the person who filed the petition and that
4-19     person's bondsman not later than the 90th day after the date the
4-20     bond is executed, stating that the officer intends to hold them
4-21     liable on the bond and stating the grounds for that liability.
4-22           (b)  If the final judgment establishes the officer's right to
4-23     the office, the person filing the petition shall pay the officer an
4-24     amount determined by the judge as appropriate to compensate the
4-25     officer for the damages suffered as a result of the removal action.
4-26           Sec. 21.029.  TRIAL.  (a)  An officer shall have the right to
4-27     trial by jury.
 5-1           (b)  The trial for the removal of an officer and the
 5-2     proceedings connected with the trial shall be conducted as much as
 5-3     possible in accordance with the rules and practice of the court in
 5-4     other civil cases, in the name of the State of Texas, and on the
 5-5     relation of the person filing the petition.
 5-6           (c)  In a removal case, the judge may not submit special
 5-7     issues to the jury.  Under a proper charge applicable to the facts
 5-8     of the case, the judge shall instruct the jury to find from the
 5-9     evidence whether the grounds for removal alleged in the petition
5-10     are true.  If the petition alleges more than one ground for
5-11     removal, the jury shall indicate in the verdict which grounds are
5-12     sustained by the evidence and which are not sustained.
5-13           (d)  The district attorney shall represent the state in a
5-14     proceeding for the removal of an officer.
5-15           Sec. 21.030.  APPEAL.  (a)  Either party to a removal action
5-16     may appeal the final judgment to the court of appeals in the manner
5-17     provided for other civil cases.  The officer is not required to
5-18     post an appeal bond but may be required to post a bond for costs.
5-19           (b)  An appeal of a removal action takes precedence over the
5-20     ordinary business of the court of appeals and shall be decided with
5-21     all convenient dispatch.  If the trial court judgment is not set
5-22     aside or suspended, the court of appeals shall issue its mandate in
5-23     the case not later than the fifth day after the date the court
5-24     renders its judgment.
5-25           Sec. 21.031.  REMOVAL BY CRIMINAL CONVICTION.  (a)  The
5-26     conviction of an officer by a petit jury for any felony or for a
5-27     misdemeanor involving official misconduct operates as an immediate
 6-1     removal from office.
 6-2           (b)  The court rendering judgment in the case shall include
 6-3     in the judgment an order removing the officer.
 6-4           (c)  If the removed officer appeals the judgment, the appeal
 6-5     supersedes the order of removal unless the court that renders the
 6-6     judgment finds that it is in the public interest to suspend the
 6-7     removed officer pending the appeal.  If the court finds that the
 6-8     public interest requires suspension, the court shall suspend the
 6-9     removed officer as provided by this subchapter.
6-10           Sec. 21.032.  REELECTION PROHIBITED FOR CERTAIN PERIOD.  An
6-11     officer removed under this subchapter is not eligible for
6-12     reelection to the same office before the second anniversary of the
6-13     date of the removal.
6-14           SECTION 3.  Section 21.002, Local Government Code, is
6-15     repealed.
6-16           SECTION 4.  The change in law made by this Act applies only
6-17     to a member of the governing body of a general-law municipality who
6-18     engages in an act on or after the effective date of this Act that
6-19     constitutes a ground for removal under Subchapter B, Chapter 21,
6-20     Local Government Code, as added by this Act.  A member of the
6-21     governing body who engages in an act before the effective date of
6-22     this Act that constitutes a ground for removal under Section
6-23     21.002, Local Government Code, as it existed immediately before the
6-24     effective date of this Act, is governed by that section, and the
6-25     former law is continued in effect for that purpose.
6-26           SECTION 5.  This Act takes effect September 1, 1999.
6-27           SECTION 6.  The importance of this legislation and the
 7-1     crowded condition of the calendars in both houses create an
 7-2     emergency and an imperative public necessity that the
 7-3     constitutional rule requiring bills to be read on three several
 7-4     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3836 was passed by the House on May
         12, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3836 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor