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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal from office of an officer of a political |
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subdivision for commission of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.010 to read as follows: |
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Sec. 180.010. REMOVAL FOR CERTAIN CRIMINAL OFFENSES. |
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(a) In this section, "qualifying offense" means a criminal offense |
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involving: |
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(1) bribery; |
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(2) theft of public money; |
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(3) perjury; |
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(4) coercion of public servant or voter; |
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(5) tampering with governmental record; |
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(6) misuse of official information; |
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(7) abuse of official capacity; or |
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(8) conspiracy or the attempt to commit any of the |
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offenses described by this subsection. |
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(b) A person who holds an elected or appointed office of a |
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political subdivision is automatically removed from and vacates the |
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office on the earlier of the date the person: |
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(1) enters a plea of guilty or nolo contendere to a |
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qualifying offense; |
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(2) receives deferred adjudication for a qualifying |
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offense; or |
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(3) is convicted of a qualifying offense. |
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(c) The governing body of a political subdivision shall at |
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the first regularly scheduled meeting of the governing body for |
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which notice is required under Chapter 551, Government Code, |
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following the date an officer of the political subdivision is |
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removed from office under this section: |
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(1) order an election on the question of filling the |
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vacancy to be held on the first day that allows sufficient time to |
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comply with other requirements of law, if an election is required to |
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fill the vacancy; or |
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(2) fill the vacancy in the manner provided by law, if |
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an election is not required. |
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SECTION 2. Section 21.031(c), Local Government Code, is |
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amended to read as follows: |
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(c) If the removed officer appeals the judgment, other than |
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for an offense to which Section 180.010 applies, the appeal |
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supersedes the order of removal unless the court that renders the |
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judgment finds that it is in the public interest to suspend the |
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removed officer pending the appeal. If the court finds that the |
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public interest requires suspension, the court shall suspend the |
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removed officer as provided by this subchapter. |
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SECTION 3. 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. If the officer appeals |
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the judgment, other than for an offense to which Section 180.010 |
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applies, the appeal supersedes the order of removal unless the |
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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 chapter. |
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SECTION 4. Section 180.010, Local Government Code, as added |
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by this Act, applies only to an officer of a political subdivision |
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who enters a plea of guilty or nolo contendere to, or receives |
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deferred adjudication for or is convicted of, a qualifying offense, |
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as that term is defined by that section, on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |