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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension and removal of certain public officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 665, Government Code, is |
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amended to read as follows: |
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CHAPTER 665. SUSPENSION, IMPEACHMENT, AND REMOVAL |
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SECTION 2. Chapter 665, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. SUSPENSION AND REMOVAL OF CERTAIN PUBLIC OFFICERS |
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Sec. 665.101. DEFINITION. In this subchapter, "officer" |
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means: |
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(1) a state officer, other than a member of the |
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legislature or an officer listed in Section 2, Article XV, Texas |
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Constitution; |
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(2) an officer of the military forces of this state not |
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called into actual service of the United States; |
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(3) a county officer; or |
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(4) a municipal officer. |
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Sec. 665.102. APPLICABILITY. This subchapter applies to |
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the suspension and removal of an officer under Section 10, Article |
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XV, Texas Constitution. |
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Sec. 665.103. EXECUTIVE ORDER. (a) An executive order |
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suspending an officer must: |
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(1) state that the governor has suspended the officer |
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from office for one or more of the following reasons: |
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(A) the office has publicly declared that the |
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officer will not enforce the laws of this state; |
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(B) the officer has wilfully neglected the duties |
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of office; or |
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(C) the officer has been finally convicted of a |
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felony; and |
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(2) describe the officer's conduct that constitutes |
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grounds for the suspension. |
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(b) The governor shall: |
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(1) file the executive order with the secretary of |
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state; and |
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(2) give a copy of the executive order in person or by |
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registered mail to the officer being suspended. |
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Sec. 665.104. PROCEDURE WHEN SENATE IS IN SESSION. If the |
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senate is in a regular or called session when the governor files an |
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executive order suspending an officer with the secretary of state, |
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the secretary of state shall deliver by personal messenger a |
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certified copy of the executive order to the secretary of the |
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senate. The senate shall receive the executive order and set a day |
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and time to conduct a vote on the question of removing the officer. |
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Sec. 665.105. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a) |
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If the senate is not in a regular or called session when the |
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governor files an executive order suspending an officer with the |
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secretary of state, the secretary of state shall deliver by |
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personal messenger or certified or registered mail a certified copy |
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of the executive order to the lieutenant governor and the president |
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pro tempore of the senate. |
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(b) Upon receiving a copy of the executive order from the |
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secretary of state, the lieutenant governor shall issue a |
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proclamation setting a day and time for the senate to convene and |
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conduct a vote on the question of removing the officer. If the |
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lieutenant governor fails to issue the proclamation within five |
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days of receiving the copy, the president pro tempore of the senate |
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shall issue a proclamation setting a day and time for the senate to |
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convene and conduct a vote on the question of removing the officer. |
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(c) A copy of the proclamation and the executive order shall |
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be sent by registered or certified mail to each member of the |
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senate. |
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Sec. 665.106. VOTE BY SENATE ON REMOVAL. (a) Regardless of |
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whether the legislature is in a regular or called session, the |
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senate shall convene on the day and time set under Section 665.104 |
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or 665.105 unless the governor has reinstated the officer or the |
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officer has resigned from office. |
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(b) Before the senate votes on the question of removal, the |
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governor or a person selected by the governor may address the senate |
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to explain the reasons for the suspension and proposed removal. |
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(c) If a majority of the members of the senate present vote |
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to remove the officer, the officer is permanently removed from |
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office and disqualified from holding any office of honor, trust, or |
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profit under this state. |
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(d) If a majority of the members of the senate present vote |
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in the negative on the question of removal, the suspension is lifted |
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and the officer is reinstated to office immediately. |
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SECTION 3. This Act takes effect January 1, 2024, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, providing for the suspension of certain |
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public officers by the governor and the trial, removal, and |
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reinstatement of certain public officers by the senate is approved |
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by the voters. If that amendment is not approved by the voters, |
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this Act has no effect. |