| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating removal from public office or employment for violation of |
|
|
nepotism laws. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 573.081, Government Code, is amended by |
|
|
addition subsection (a-1): |
|
|
Sec. 573.081. REMOVAL IN GENERAL. (a) An individual who |
|
|
violates Subchapter C or Section 573.062(b) shall be removed from |
|
|
the individual's position. The removal must be made in accordance |
|
|
with the removal provisions in the constitution of this state, if |
|
|
applicable. If a provision of the constitution does not govern the |
|
|
removal, the removal must be by a quo warranto proceeding. |
|
|
(a-1) An individual may not be appointed to or hold a |
|
|
position or public office that is to be directly or indirectly |
|
|
compensated from public funds or fees if the individual has been |
|
|
appointed, confirmed for appointment, or voted for appointment in |
|
|
violation of Subchapter C or Section 573.062(b). |
|
|
(b) A removal from a position shall be made immediately and |
|
|
summarily by the original appointing authority if a criminal |
|
|
conviction against the appointee for a violation of Subchapter C or |
|
|
Section 573.062(b) becomes final. If the removal is not made within |
|
|
30 days after the date the conviction becomes final, the individual |
|
|
holding the position may be removed under Subsection (a). |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |