LOCAL GOVERNMENT CODE
TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT
SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS
CHAPTER 87. REMOVAL OF COUNTY OFFICERS FROM OFFICE; FILLING OF VACANCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 87.001. NO REMOVAL FOR PRIOR ACTION. An officer may not be removed under this chapter for an act the officer committed before election to office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. REMOVAL BY PETITION AND TRIAL
Sec. 87.011. DEFINITIONS. In this subchapter:
(1) "District attorney" includes a criminal district attorney.
(2) "Incompetency" means:
(A) gross ignorance of official duties;
(B) gross carelessness in the discharge of those duties; or
(C) unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the officer's election.
(3) "Official misconduct" means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 87.012. OFFICERS SUBJECT TO REMOVAL. The district judge may, under this subchapter, remove from office:
(1) a district attorney;
(2) a county attorney;
(3) a county judge;
(4) a county commissioner;
(5) a county clerk;
(6) a district clerk;
(7) a district and county clerk;
(8) a county treasurer;
(9) a sheriff;
(10) a county surveyor;
(11) a county tax assessor-collector;
(12) a constable;
(13) a justice of the peace; and
(14) a county officer, not otherwise named by this section, whose office is created under the constitution or other law of this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 37, Sec. 4, eff. May 19, 2009.
Sec. 87.013. GENERAL GROUNDS FOR REMOVAL. (a) An officer may be removed for:
(1) incompetency;
(2) official misconduct; or
(3) intoxication on or off duty caused by drinking an alcoholic beverage.
(b) Intoxication is not a ground for removal if it appears at the trial that the intoxication was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician practicing in this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
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Return to “Travis County DA Lehmberg arrested for DWI”
- Thu Apr 25, 2013 6:00 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Travis County DA Lehmberg arrested for DWI
- Replies: 37
- Views: 4329
- Wed Apr 24, 2013 1:48 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Travis County DA Lehmberg arrested for DWI
- Replies: 37
- Views: 4329
Re: Travis County DA Lehmberg arrested for DWI
She can't continue in office as Travis County DA after this incident. Or can she? I have the feeling that she will be unanimously supported by the lib/prog establishment in Austin so they can maintain control of the Travis Co. Public Integrity Unit. Should she resign, Gov. Perry would appoint an interim DA and I doubt his choice would find favor with the Austin mob.