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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of county officers from office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 87.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may |
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not be removed under this chapter for an act the officer committed |
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before election to office if: |
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(1) the misconduct was a matter of public record |
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before the election; and |
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(2) the act would not otherwise disqualify the officer |
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from holding office. |
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SECTION 2. Section 87.013, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.013. GENERAL GROUNDS FOR REMOVAL. (a) An officer |
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may be removed for: |
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(1) incompetency; |
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(2) official misconduct; or |
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(3) public intoxication, as defined by Section 49.02, |
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Penal Code, on or off duty [caused by drinking an alcoholic
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beverage]. |
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(b) Intoxication is not a ground for removal if it appears |
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at the trial that the intoxication was caused by the use of a |
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substance [drinking an alcoholic beverage] on the direction and |
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prescription of a licensed physician practicing in this state. |
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SECTION 3. Section 87.031, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.031. IMMEDIATE REMOVAL. (a) A plea of guilty or |
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nolo contendere by, or a judgment of guilt [The conviction] of, a |
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county officer [by a petit jury] for any felony or for a misdemeanor |
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involving official misconduct operates as an immediate removal from |
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office of that officer. |
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(b) The court rendering a judgment or issuing an order |
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deferring adjudication in such a case shall include an order |
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removing the officer in the judgment or order. |
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(c) An officer who pleads guilty or nolo contendere for a |
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felony or misdemeanor involving official misconduct is considered |
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to have resigned the office, and the resulting vacancy shall be |
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filled as provided by Subchapter D. |
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(d) As soon as practicable after the signing of a judgment |
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that includes an order of removal, the commissioners court of the |
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county in which the officer holds office shall appoint a qualified |
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person to perform the duties of the officer. A person appointed |
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under this subsection shall temporarily perform the officer's |
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duties until the judgment of guilt becomes final or the officer is |
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acquitted of all felonies and misdemeanors involving official |
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misconduct by the highest court to which the judgment is appealed. |
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(e) If an officer's conviction of a felony or misdemeanor |
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involving official misconduct is upheld on appeal, or if a |
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conviction is not appealed and becomes final by operation of law, |
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the office of the removed officer becomes vacant and shall be filled |
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as provided by Subchapter D. A person appointed under Subsection |
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(d) may continue to perform the duties of the office until a |
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successor qualifies for office. |
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SECTION 4. Section 87.032, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.032. APPEAL[; SUSPENSION]. (a) If an [the] |
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officer removed from office under Section 87.031 appeals the |
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judgment, the order of removal is effective until the final |
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resolution of the appeal [supersedes the order of removal unless
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the court that renders the judgment finds that it is in the public
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interest to suspend the officer pending the appeal. If the court
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finds that the public interest requires suspension, the court shall
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suspend the officer as provided by this subchapter]. |
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(b) The salary and other emoluments of an officer removed |
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from office under Section 87.031 continue until a final judgment of |
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conviction is mandated or a civil judgment of removal is affirmed. |
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SECTION 5. (a) The changes in law made by this Act to |
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Sections 87.001 and 87.013, Local Government Code, apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act to Sections 87.031 |
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and 87.032, Local Government Code, apply only to a suit or appeal |
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that begins on or after the effective date of this Act. A suit or |
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appeal that begins before the effective date of this Act is governed |
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by the law in effect on the date the suit or appeal began, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |