Texas Local Government Code
§ 87.018 — TRIAL
LG § 87.018Title 3. ORGANIZATION OF COUNTY GOVERNMENT · Part B. COMMISSIONERS COURT AND COUNTY OFFICERS · Ch. 87. REMOVAL OF COUNTY OFFICERS FROM OFFICE; FILLING OF VACANCIES · Art. B. REMOVAL BY PETITION AND TRIAL
Statute text
View on source(a)Officers may be removed only following a trial by jury.
(b)The trial for removal of an officer and the proceedings connected with the trial shall be conducted as much as possible in accordance with the rules and practice of the court in other civil cases, in the name of the State of Texas, and on the relation of the person filing the petition.
(c)In a removal case, the judge may not submit special issues to the jury. Under a proper charge applicable to the facts of the case, the judge shall instruct the jury to find from the evidence whether the grounds for removal alleged in the petition are true. If the petition alleges more than one ground for removal, the jury shall indicate in the verdict which grounds are sustained by the evidence and which are not sustained.
(d)Repealed by Acts 2025, 89th Leg., R.S., Ch. 601 (H.B. 2715), Sec. 4, eff. June 20, 2025.
(e)Repealed by Acts 2025, 89th Leg., R.S., Ch. 601 (H.B. 2715), Sec. 4, eff. June 20, 2025.
(f)In a proceeding to remove an officer under this subchapter, the presiding judge of the administrative judicial region in which the petition for removal was filed shall appoint a prosecuting attorney from another judicial district or county, as applicable, in the administrative judicial region to represent the state.
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Legislative history
Acts 2023, 88th Leg., R.S., Ch. 366 (H.B. 17), Sec. 5, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 601 (H.B. 2715), Sec. 3, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 601 (H.B. 2715), Sec. 4, eff. June 20, 2025.