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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a state or local officer for refusing or |
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directing others to refuse to enforce state or federal law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 66, Civil Practice and Remedies Code, is |
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amended by adding Section 66.004 to read as follows: |
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Sec. 66.004. FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) |
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For purposes of Section 66.001, a person holding an elective or |
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appointive office of this state or of a political subdivision of |
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this state does an act that causes the forfeiture of the person's |
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office if the person: |
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(1) wilfully fails to enforce a state or federal law in |
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the course of the person's official duties; |
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(2) directs others subject to the person's supervision |
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or control as a public official not to enforce a state or federal |
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law; or |
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(3) states orally or in writing that the person does |
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not intend to enforce a state or federal law in the course of the |
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person's official duties. |
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(b) For purposes of this section, "law" includes any rule, |
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regulation, executive order, court order, statute, or |
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constitutional provision. |
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(c) This section does not apply to a law: |
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(1) that has been held to be invalid by a court with |
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jurisdiction over the territory served by the officer; or |
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(2) the validity of which is currently being |
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challenged in a court with jurisdiction over the territory served |
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by the officer. |
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(d) The attorney general or appropriate county or district |
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attorney shall file a petition under Section 66.002 against an |
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officer to which Subsection (a) applies if presented with evidence, |
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including evidence of a statement by the officer, establishing |
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probable cause that the officer engaged in conduct described by |
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Subsection (a). The court in which the petition is filed shall give |
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precedence to proceedings relating to the petition in the same |
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manner as provided for an election contest under Section 23.101, |
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Government Code. |
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(e) If the person against whom an information is filed based |
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on conduct described by Subsection (a) is found guilty as charged, |
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the court shall enter judgment removing the person from office and |
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disqualifying the person from public office for a period of 10 |
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years. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |