Local Government Code 180, 21, and 87 Impose New Law
During the 88th Legislative Session in 2023, Senate Bill 232 was passed and signed into law. Many of the offenses described may be committed during the procurement process of a county. The bill added a section to the Local Government Code that will, among other things:
- provide that 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 enters a plea of guilty or nolo contendere, receives deferred adjudication, or is convicted of one of the following offenses:
- theft of public money;
- coercion of public servant or vote;
- tampering with governmental record;
- misuse of official information;
- abuse of official capacity; or
- conspiracy or the attempt to commit any of the offenses listed above
2. require the governing body of a political subdivision at the first public hearing of the governing body following the date an officer of the political subdivision is removed from office under (1), above, to:
- 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
- fill the vacancy in the manner provided by law if an election is not required; and
3. provide that, for an offense described in (1), above, an appeal does not supersede the order of removal if the removed officer appeals the judgment.
Senate Bill 232 became effective Sept. 1, 2023.