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A BILL TO BE ENTITLED
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AN ACT
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relating to the official misconduct and removal of district |
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attorneys and county attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 87, Local Government Code, |
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is amended by amending Sections 87.011, 87.015, and 87.018 to read |
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as follows: |
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Sec. 87.011. DEFINITIONS. In this subchapter: |
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(1) "District attorney" includes a criminal district |
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attorney. |
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(2) "Incompetency" means: |
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(A) gross ignorance of official duties; |
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(B) gross carelessness in the discharge of those |
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duties; or |
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(C) unfitness or inability to promptly and |
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properly discharge official duties because of a serious physical or |
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mental defect that did not exist at the time of the officer's |
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election. |
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(3) "Official misconduct" means intentional, unlawful |
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behavior relating to official duties by an officer entrusted with |
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the administration of justice or the execution of the law. The term |
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includes: |
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(A) an intentional or corrupt failure, refusal, |
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or neglect of an officer to perform a duty imposed on the officer by |
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law; and |
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(B) the adoption or implementation of a formal or |
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stated policy by a district attorney or a county attorney under |
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which that attorney prohibits or materially limits the enforcement |
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of any criminal offense other than to comply with an injunction, |
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judgment, or order issued by a court. |
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Sec. 87.015. PETITION FOR REMOVAL. (a) A proceeding for |
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the removal of an officer is begun by filing a written petition for |
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removal in a district court of the county in which the officer |
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resides. However, a proceeding for the removal of a district |
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attorney is begun by filing a written petition in a district court |
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of: |
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(1) the county in which the attorney resides; or |
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(2) the county where the alleged cause of removal |
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occurred, if that county is in the attorney's judicial district. |
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(b) Any resident of this state who has lived for at least six |
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months in the county in which the alleged cause of removal occurred |
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[petition is to be filed] and who is not currently under information |
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or indictment in that [the] county may file the petition. At least |
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one of the parties who files the petition must swear to it at or |
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before the filing. |
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(c) The petition must be addressed to the presiding judge |
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for the administrative region for [district judge of] the court in |
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which it is filed. The petition must set forth the grounds alleged |
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for the removal of the officer in plain and intelligible language |
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and must cite the time and place of the occurrence of each act |
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alleged as a ground for removal with as much certainty as the nature |
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of the case permits. |
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Sec. 87.018. TRIAL. (a) Officers may be removed only |
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following a trial by jury. |
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(b) The trial for removal of an officer and the proceedings |
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connected with the trial shall be conducted as much as possible in |
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accordance with the rules and practice of the court in other civil |
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cases, in the name of the State of Texas, and on the relation of the |
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person filing the petition. |
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(c) In a removal case, the judge may not submit special |
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issues to the jury. Under a proper charge applicable to the facts |
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of the case, the judge shall instruct the jury to find from the |
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evidence whether the grounds for removal alleged in the petition |
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are true. If the petition alleges more than one ground for removal, |
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the jury shall indicate in the verdict which grounds are sustained |
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by the evidence and which are not sustained. |
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(d) The county attorney shall represent the state in a |
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proceeding for the removal of an officer except as otherwise |
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provided by Subsection (e) or (f). |
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(e) In a proceeding to remove a county attorney from office, |
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the district attorney shall represent the state. If the county does |
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not have a district attorney, the presiding judge shall appoint a |
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prosecuting attorney from another county in that administrative |
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region and that attorney shall represent the state [county attorney |
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from an adjoining county, as appointed selected by the |
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commissioners court of the county in which the proceeding is |
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pending, shall represent the state]. |
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(f) In a proceeding to remove the county attorney or |
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district attorney from office, the presiding judge shall appoint a |
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prosecuting attorney from another county in that administrative |
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region and that attorney shall represent the state [the county |
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attorney from an adjoining county, as selected by the commissioners |
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court of the county in which the proceeding is pending, shall |
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represent the state] if the attorney who would otherwise represent |
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the state under this section is also the subject of a pending |
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removal proceeding. |
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(g) A public declaration or announcement by a district |
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attorney or a county attorney of an intent to prohibit the |
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enforcement of any criminal offense is prima facie evidence of an |
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adoption or implementation of a formal or stated policy for |
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purposes of this chapter. |
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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, 2023. |