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  S.B. No. 232
 
 
 
 
AN ACT
  relating to the removal from office of an officer of a political
  subdivision for commission of certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 180, Local Government Code, is amended
  by adding Section 180.010 to read as follows:
         Sec. 180.010.  REMOVAL FOR CERTAIN CRIMINAL OFFENSES.  
  (a)  In this section, "qualifying offense" means a criminal offense
  involving:
               (1)  bribery;
               (2)  theft of public money;
               (3)  perjury;
               (4)  coercion of public servant or voter;
               (5)  tampering with governmental record;
               (6)  misuse of official information;
               (7)  abuse of official capacity; or
               (8)  conspiracy or the attempt to commit any of the
  offenses described by this subsection.
         (b)  A person who holds an elected or appointed office of a
  political subdivision is automatically removed from and vacates the
  office on the earlier of the date the person:
               (1)  enters a plea of guilty or nolo contendere to a
  qualifying offense;
               (2)  receives deferred adjudication for a qualifying
  offense; or
               (3)  is convicted of a qualifying offense.
         (c)  The governing body of a political subdivision shall at
  the first regularly scheduled meeting of the governing body for
  which notice is required under Chapter 551, Government Code,
  following the date an officer of the political subdivision is
  removed from office under this section:
               (1)  order an election on the question of filling the
  vacancy to be held on the first day that allows sufficient time to
  comply with other requirements of law, if an election is required to
  fill the vacancy; or
               (2)  fill the vacancy in the manner provided by law, if
  an election is not required.
         SECTION 2.  Section 21.031(c), Local Government Code, is
  amended to read as follows:
         (c)  If the removed officer appeals the judgment, other than
  for an offense to which Section 180.010 applies, the appeal
  supersedes the order of removal unless the court that renders the
  judgment finds that it is in the public interest to suspend the
  removed officer pending the appeal. If the court finds that the
  public interest requires suspension, the court shall suspend the
  removed officer as provided by this subchapter.
         SECTION 3.  Section 87.032, Local Government Code, is
  amended to read as follows:
         Sec. 87.032.  APPEAL; SUSPENSION.  If the officer appeals
  the judgment, other than for an offense to which Section 180.010
  applies, the appeal supersedes the order of removal unless the
  court that renders the judgment finds that it is in the public
  interest to suspend the officer pending the appeal.  If the court
  finds that the public interest requires suspension, the court shall
  suspend the officer as provided by this chapter.
         SECTION 4.  Section 180.010, Local Government Code, as added
  by this Act, applies only to an officer of a political subdivision
  who enters a plea of guilty or nolo contendere to, or receives
  deferred adjudication for or is convicted of, a qualifying offense,
  as that term is defined by that section, on or after the effective
  date of this Act.
         SECTION 5.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 232 passed the Senate on
  May 3, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 232 passed the House on
  May 24, 2023, by the following vote:  Yeas 129, Nays 9,
  one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor