- HB 2715 by State Representative Pat Curry – “The People’s Veto – would make it easier to remove rogue elected county and school district officials from office
- The legislation provides more political independence to the procedure citizens can use to seek to have elected officials removed from office
- Proponents of the bill included the conservative Texas Public Policy Foundation, while opponents included liberal advocacy groups and elected officials
The Texas legislature has given final approval to House Bill 2715 – a bill that would make it easier to have rogue county and school district officials removed from office. Dubbed “The People’s Veto” by the bill’s author, Republican State Representative Pat Curry, the legislation was sponsored in the State Senate by Senator Mayes Middleton.
Under current law, any citizen who has resided in a county for at least six months and who is not under indictment may file a lawsuit to have a county officer or school board member removed from office on the grounds of incompetency, official misconduct, or “intoxication on or off duty caused by drinking an alcoholic beverage.”
The legislation amends current provisions in the law that require such lawsuits to be filed with the district court of the county and prosecuted by the local county attorney. Under the bill, removal lawsuits shall be addressed to the appropriate presiding judge of the administrative judicial region where the suit is filed, with the judge appointing a prosecutor from another county to handle the prosecution of the case.
The changes made by House Bill 2715 add an additional layer of independence to removal proceedings. Critics of the current law have argued that elected county attorneys may decline to pursue legitimate removal lawsuits brought by citizens due to political concerns or alliances.
“This is a huge win for the people of Texas. With ‘The People’s Veto,’ we are returning power where it belongs-into the hands of the voters. No elected official should be able to abuse their office, hide behind politics, and remain untouchable. This law says loud and clear: if you won’t do your job, the people of Texas will do it for you,” said Curry.
Organizations supporting the bill included the Texas Public Policy Association, the Austin Police Association, and the Texas Municipal Police Association. Among the bill’s opponents were liberal advocacy organizations, such as the Texas Civil Rights Project, and local governmental officials, including Harris County Commissioners Court, Dallas County District Attorney John Creuzot, and the Travis County District Attorney’s Office.
The bill has been sent to Governor Abbott and is awaiting his signature into law.
