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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 certain officers of |
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political subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 87.015(c), Local Government Code, is |
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amended to read as follows: |
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(c) A petition for removal of an officer under this |
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subchapter [other than a prosecuting attorney must be addressed to |
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the district judge of the court in which it is filed. A petition for |
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removal of a prosecuting attorney] must be addressed to the |
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presiding judge of the administrative judicial region in which the |
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petition 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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SECTION 2. Section 87.0151, Local Government Code, is |
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amended to read as follows: |
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Sec. 87.0151. ASSIGNMENT OF JUDGE [IN CERTAIN CASES]. (a) |
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Immediately after a petition for removal of an officer under this |
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subchapter [a prosecuting attorney] is filed under Section 87.015, |
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the district clerk shall deliver a copy of the petition to the |
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presiding judge of the administrative judicial region in which the |
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court sits. |
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(b) On receiving a petition for removal [of a prosecuting |
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attorney] under Subsection (a), the presiding judge of the |
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administrative judicial region shall assign a district court judge |
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of a judicial district that does not include the county in which the |
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petition was filed to conduct the removal proceedings. |
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SECTION 3. Section 87.018(f), Local Government Code, is |
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amended to read as follows: |
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(f) In a proceeding to remove an officer under this |
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subchapter [a prosecuting attorney from office], the presiding |
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judge of the administrative judicial region in which the petition |
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for removal was filed shall appoint a prosecuting attorney from |
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another judicial district or county, as applicable, in the |
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administrative judicial region to represent the state. |
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SECTION 4. Sections 87.018(d) and (e), Local Government |
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Code, are repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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the removal of an officer under Subchapter B, Chapter 87, Local |
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Government Code, for which the petition for removal is filed under |
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that subchapter on or after the effective date of this Act. The |
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removal of an officer for which the petition for removal is filed |
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before the effective date of this Act is governed by the law in |
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effect on the date the petition is filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. 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, 2025. |
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