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To: Free in Texas
Here is the text of the bill.

-------------------------------------------------------------------------------- 83R5861 JSA-D By: Davis of Dallas H.B. No. 2167 A BILL TO BE ENTITLED AN ACT relating to the removal of a state or local officer for refusing or directing others to refuse to enforce state or federal law. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 66, Civil Practice and Remedies Code, is amended by adding Section 66.004 to read as follows: Sec. 66.004. FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) For purposes of Section 66.001, a person holding an elective or appointive office of this state or of a political subdivision of this state does an act that causes the forfeiture of the person's office if the person: (1) wilfully fails to enforce a state or federal law in the course of the person's official duties; (2) directs others subject to the person's supervision or control as a public official not to enforce a state or federal law; or (3) states orally or in writing that the person does not intend to enforce a state or federal law in the course of the person's official duties. (b) For purposes of this section, "law" includes any rule, regulation, executive order, court order, statute, or constitutional provision. (c) This section does not apply to a law: (1) that has been held to be invalid by a court with jurisdiction over the territory served by the officer; or (2) the validity of which is currently being challenged in a court with jurisdiction over the territory served by the officer. (d) The attorney general or appropriate county or district attorney shall file a petition under Section 66.002 against an officer to which Subsection (a) applies if presented with evidence, including evidence of a statement by the officer, establishing probable cause that the officer engaged in conduct described by Subsection (a). The court in which the petition is filed shall give precedence to proceedings relating to the petition in the same manner as provided for an election contest under Section 23.101, Government Code. (e) If the person against whom an information is filed based on conduct described by Subsection (a) is found guilty as charged, the court shall enter judgment removing the person from office and disqualifying the person from public office for a period of 10 years. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

3 posted on 03/27/2013 1:05:27 PM PDT by Free in Texas (Member of the Bitter Clingers Association.)
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To: Free in Texas
Does this law apply to failure to enforce immigration laws?

-PJ

14 posted on 03/27/2013 1:12:17 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Free in Texas

I just glanced at that - seems to apply equally to immigration laws, and other laws.

So what’s the deal?

Remove liberals who ignore immigration laws. Now.


61 posted on 03/27/2013 3:02:28 PM PDT by Cringing Negativism Network
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