Bill Text: TX HB2167 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the removal of a state or local officer for refusing or directing others to refuse to enforce state or federal law.

Status: (Introduced - Dead) 2013-03-11 - Referred to Federalism & Fiscal Responsibility, Select [HB2167 Detail]

Download: Texas-2013-HB2167-Introduced.html
  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.
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