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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. Section 87.011 of the Local Government Code is |
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amended to read 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 an intentional or corrupt failure, refusal, or neglect of |
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an officer to perform a duty imposed on the officer by law. A |
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district attorney or a county attorney may not announce, adopt, or |
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implement a formal or stated policy under which the district |
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attorney prohibits or materially limits the enforcement of any |
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criminal offense, save and except to comply with an injunction, |
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judgment, or order issued by a court with jurisdiction over the |
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officer. |
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SECTION 2. Section 87.015 of the Local Government Code is |
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amended to read as follows: |
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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; or |
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(3) in a county contiguous to where the alleged cause |
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of removal occurred. |
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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 petition is to be filedalleged |
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cause of removal occurred and who is not currently under |
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information or indictment in thesuch county, may file the |
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petition. Additionally, a district attorney or a county attorney |
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in a county contiguous to where the alleged cause of removal |
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occurred may file a petition in the county where the alleged cause |
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of removal occurred or in a county contiguous to where the alleged |
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cause of removal occurred. At least one of the parties who files |
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the petition must swear to it at or before the filing. |
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(c) The petition must be addressed to the district judge of |
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the court in which it is filed. The petition must set forth the |
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grounds alleged for the removal of the officer in plain and |
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intelligible language and must cite the time and place of the |
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occurrence of each act alleged as a ground for removal with as much |
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certainty as the nature of the case permits. |
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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. |