Texas Local Government Code 180.010 – Removal for Certain Criminal Offenses
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(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.
Terms Used In Texas Local Government Code 180.010
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(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.