Bill Text: TX SB1105 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the suspension and removal of certain public officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to State Affairs [SB1105 Detail]
Download: Texas-2023-SB1105-Introduced.html
| 88R7416 BEF-D | ||
| By: Birdwell | S.B. No. 1105 | |
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| relating to the suspension and removal of certain public officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Chapter 665, Government Code, is | ||
| amended to read as follows: | ||
| CHAPTER 665. SUSPENSION, IMPEACHMENT, AND REMOVAL | ||
| SECTION 2. Chapter 665, Government Code, is amended by | ||
| adding Subchapter E to read as follows: | ||
| SUBCHAPTER E. SUSPENSION AND REMOVAL OF CERTAIN PUBLIC OFFICERS | ||
| Sec. 665.101. DEFINITION. In this subchapter, "officer" | ||
| means: | ||
| (1) a state officer, other than a member of the | ||
| legislature or an officer listed in Section 2, Article XV, Texas | ||
| Constitution; | ||
| (2) an officer of the military forces of this state not | ||
| called into actual service of the United States; | ||
| (3) a county officer; or | ||
| (4) a municipal officer. | ||
| Sec. 665.102. APPLICABILITY. This subchapter applies to | ||
| the suspension and removal of an officer under Section 10, Article | ||
| XV, Texas Constitution. | ||
| Sec. 665.103. EXECUTIVE ORDER. (a) An executive order | ||
| suspending an officer must: | ||
| (1) state that the governor has suspended the officer | ||
| from office for one or more of the following reasons: | ||
| (A) the office has publicly declared that the | ||
| officer will not enforce the laws of this state; | ||
| (B) the officer has wilfully neglected the duties | ||
| of office; or | ||
| (C) the officer has been finally convicted of a | ||
| felony; and | ||
| (2) describe the officer's conduct that constitutes | ||
| grounds for the suspension. | ||
| (b) The governor shall: | ||
| (1) file the executive order with the secretary of | ||
| state; and | ||
| (2) give a copy of the executive order in person or by | ||
| registered mail to the officer being suspended. | ||
| Sec. 665.104. PROCEDURE WHEN SENATE IS IN SESSION. If the | ||
| senate is in a regular or called session when the governor files an | ||
| executive order suspending an officer with the secretary of state, | ||
| the secretary of state shall deliver by personal messenger a | ||
| certified copy of the executive order to the secretary of the | ||
| senate. The senate shall receive the executive order and set a day | ||
| and time to conduct a vote on the question of removing the officer. | ||
| Sec. 665.105. PROCEDURE WHEN SENATE IS NOT IN SESSION. (a) | ||
| If the senate is not in a regular or called session when the | ||
| governor files an executive order suspending an officer with the | ||
| secretary of state, the secretary of state shall deliver by | ||
| personal messenger or certified or registered mail a certified copy | ||
| of the executive order to the lieutenant governor and the president | ||
| pro tempore of the senate. | ||
| (b) Upon receiving a copy of the executive order from the | ||
| secretary of state, the lieutenant governor shall issue a | ||
| proclamation setting a day and time for the senate to convene and | ||
| conduct a vote on the question of removing the officer. If the | ||
| lieutenant governor fails to issue the proclamation within five | ||
| days of receiving the copy, the president pro tempore of the senate | ||
| shall issue a proclamation setting a day and time for the senate to | ||
| convene and conduct a vote on the question of removing the officer. | ||
| (c) A copy of the proclamation and the executive order shall | ||
| be sent by registered or certified mail to each member of the | ||
| senate. | ||
| Sec. 665.106. VOTE BY SENATE ON REMOVAL. (a) Regardless of | ||
| whether the legislature is in a regular or called session, the | ||
| senate shall convene on the day and time set under Section 665.104 | ||
| or 665.105 unless the governor has reinstated the officer or the | ||
| officer has resigned from office. | ||
| (b) Before the senate votes on the question of removal, the | ||
| governor or a person selected by the governor may address the senate | ||
| to explain the reasons for the suspension and proposed removal. | ||
| (c) If a majority of the members of the senate present vote | ||
| to remove the officer, the officer is permanently removed from | ||
| office and disqualified from holding any office of honor, trust, or | ||
| profit under this state. | ||
| (d) If a majority of the members of the senate present vote | ||
| in the negative on the question of removal, the suspension is lifted | ||
| and the officer is reinstated to office immediately. | ||
| SECTION 3. This Act takes effect January 1, 2024, but only | ||
| if the constitutional amendment proposed by the 88th Legislature, | ||
| Regular Session, 2023, providing for the suspension of certain | ||
| public officers by the governor and the trial, removal, and | ||
| reinstatement of certain public officers by the senate is approved | ||
| by the voters. If that amendment is not approved by the voters, | ||
| this Act has no effect. | ||
