Bill Text: TX HB2167 | 2013-2014 | 83rd Legislature | Introduced inShare Texas House Bill 2167

	83R5861 JSA-D
	By: Davis of Dallas	H.B. No. 2167

	A BILL TO BE ENTITLED
	AN ACT
	relating to the removal of a state or local officer for refusing or
	directing others to refuse to enforce state or federal law.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 66, Civil Practice and Remedies Code, is
	amended by adding Section 66.004 to read as follows:
	Sec. 66.004.  FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a)
	For purposes of Section 66.001, a person holding an elective or
	appointive office of this state or of a political subdivision of
	this state does an act that causes the forfeiture of the person's
	office if the person:
	(1)  wilfully fails to enforce a state or federal law in
	the course of the person's official duties;
	(2)  directs others subject to the person's supervision
	or control as a public official not to enforce a state or federal
	law; or
	(3)  states orally or in writing that the person does
	not intend to enforce a state or federal law in the course of the
	person's official duties.
	(b)  For purposes of this section, "law" includes any rule,
	regulation, executive order, court order, statute, or
	constitutional provision.
	(c)  This section does not apply to a law:
	(1)  that has been held to be invalid by a court with
	jurisdiction over the territory served by the officer; or
	(2)  the validity of which is currently being
	challenged in a court with jurisdiction over the territory served
	by the officer.
	(d)  The attorney general or appropriate county or district
	attorney shall file a petition under Section 66.002 against an
	officer to which Subsection (a) applies if presented with evidence,
	including evidence of a statement by the officer, establishing
	probable cause that the officer engaged in conduct described by
	Subsection (a). The court in which the petition is filed shall give
	precedence to proceedings relating to the petition in the same
	manner as provided for an election contest under Section 23.101,
	Government Code.
	(e)  If the person against whom an information is filed based
	on conduct described by Subsection (a) is found guilty as charged,
	the court shall enter judgment removing the person from office and
	disqualifying the person from public office for a period of 10
	years.
	SECTION 2.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.