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.
Spectrum: Partisan Bill (Democrat 1-0)
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 |
|
||
|
||
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. |