By Bosse                                              H.B. No. 1893
         77R5582 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to removal of certain state officers convicted of a felony
 1-3     offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle B, Title 6, Government Code, is amended
 1-6     by adding Chapter 670 to read as follows:
 1-7                CHAPTER 670.  REMOVAL BY CRIMINAL CONVICTION
 1-8           Sec. 670.001.  APPLICABILITY. This chapter applies only to
 1-9     any state officer appointed by the governor to serve on any state
1-10     board.
1-11           Sec. 670.002.  IMMEDIATE REMOVAL. (a)  The conviction of a
1-12     state officer for any felony operates as an immediate removal from
1-13     any state board on which that officer serves.  The commission of
1-14     the felony is considered to be:
1-15                 (1)  a disqualification for holding the office, if the
1-16     felony was committed before the date the person qualified for the
1-17     office; or
1-18                 (2)  official misconduct, if the felony was committed
1-19     on or after the date the person qualified for the office.
1-20           (b)  The court rendering judgment in the case shall include
1-21     in the judgment an order removing the officer.
1-22           Sec. 670.003.  APPEAL; SUSPENSION. If the removed officer
1-23     appeals the judgment, the appeal supersedes the order of removal
1-24     unless the court that renders the judgment finds that it is in the
 2-1     public interest to suspend the removed officer pending the appeal.
 2-2     If the court finds that the public interest requires suspension,
 2-3     the court shall suspend the officer pending the final determination
 2-4     of the appeal.
 2-5           SECTION 2. (a)  This Act takes effect September 1, 2001.
 2-6           (b)  The change in law made by this Act applies only to a
 2-7     felony offense committed on or after the effective date of this
 2-8     Act.  For purposes of this section, an offense is committed before
 2-9     that date if any element of the offense occurs before that date.
2-10           (c)  A felony offense committed before the effective date of
2-11     this Act is governed by the law in effect when the offense was
2-12     committed, and the former law is continued in effect for that
2-13     purpose.