HB4006 - Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.

  89R13516 RDS-D     By: Money H.B. No. 4006       A BILL TO BE ENTITLED   AN ACT   relating to the suspension and removal from office of a district   attorney, criminal district attorney, or county attorney of a   political subdivision of this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 2, Government Code, is amended   by adding Chapter 47 to read as follows:   CHAPTER 47.   SUSPENSION AND REMOVAL OF DISTRICT ATTORNEY, CRIMINAL   DISTRICT ATTORNEY, OR COUNTY ATTORNEY           Sec.   47.001.     APPLICABILITY. This chapter applies only to a   person serving in an elected office to which Section 7, Article XV,   Texas Constitution, applies.           Sec.   47.002.     DUTY TO FOLLOW AND EXECUTE LAWS OF THIS STATE.   A district attorney, criminal district attorney, or county attorney   of a political subdivision of this state shall follow and execute   the laws of this state in accordance with the attorney's oath of   office.           Sec.   47.003.     SUSPENSION BY GOVERNOR; PETITION.   (a)     Notwithstanding any other law, the governor may suspend a district   attorney, criminal district attorney, or county attorney of a   political subdivision of this state on the grounds that the   attorney violated Section 47.002.           (b)     The governor shall file a petition for removal of a   district attorney, criminal district attorney, or county attorney   the governor suspends under Subsection (a) in a district court in   the county in which the attorney resides.           (c)  A suspension under this section:                 (1)     takes effect on the date the petition under   Subsection (b) is filed; and                 (2)     is temporary pending the outcome of a trial under   Section 47.004.           (d)     Notwithstanding any other law, if the governor suspends   a district attorney, criminal district attorney, or county attorney   under Subsection (a), the governor shall make a provisional   appointment to temporarily fill the vacancy until the conclusion of   the trial under Section 47.004.           Sec.   47.004.     TRIAL; REMOVAL.   (a)   A district attorney,   criminal district attorney, or county attorney suspended by the   governor under Section 47.003 may only be removed under this   chapter following a trial by jury.           (b)     The trial for removal of a district attorney, criminal   district attorney, or county attorney under this chapter and the   proceedings connected with the trial shall be conducted to the   extent practicable in accordance with the rules and practice of the   court in other civil cases, in the name of the State of Texas.           (c)     In a trial under this section, the judge shall instruct   the jury to find from the evidence whether the grounds for removal   alleged in the petition are true.   If the petition alleges more than   one ground for removal, the jury shall indicate in the verdict which   grounds are sustained by the evidence and which are not sustained.             (d)     If the jury finds that any ground for removal alleged in   the petition is true, the suspended district attorney, criminal   district attorney, or county attorney is immediately removed from   office and the temporary appointment made under Section 47.003(d)   continues until the vacancy in the office is filled as otherwise   provided by law.           (e)     If the jury does not find that any ground for removal   alleged in the petition is true:                 (1)     the suspension of the district attorney, criminal   district attorney, or county attorney is immediately terminated;                 (2)     the temporary appointment made under Section   47.003(d) is terminated; and                 (3)  the attorney is returned to office.           (f)     Except as provided by Subsection (g), in a trial to   remove a district attorney or criminal district attorney of a   political subdivision of this state under this chapter, the county   attorney shall represent the state.           (g)     In a trial to remove a county attorney from office, the   county attorney from an adjoining county, as selected by the   commissioners court of the county in which the proceeding is   pending, shall represent the state.          SECTION 2.  The changes in law made by this Act apply only to   conduct of a district attorney, criminal district attorney, or   county attorney of a political subdivision of this state that   occurs on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.