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In Texas, county officials serve in various capacities and hold significant responsibilities, ranging from managing public records to overseeing law enforcement and county finances. When a county official is believed to have violated the public trust, failed to perform their duties, or engaged in illegal or unethical conduct, there are several legal avenues to remove them from office. These removal procedures vary depending on the type of office held and the nature of the alleged misconduct. This article outlines the primary methods of removing a county official in Texas.
Impeachment
Impeachment is one of the most formal and serious methods of removing an official from office in Texas. It applies primarily to higher-level county officials, such as the county judge or county commissioners, who are subject to impeachment under the Texas Constitution.
- Procedure: Impeachment begins in the Texas House of Representatives, where members draft articles of impeachment, which are essentially formal charges against the official. If the House passes the articles by a majority vote, the case is then sent to the Texas Senate for trial. A two-thirds majority vote in the Senate is required to remove the official from office.
- Grounds for Impeachment: Impeachment may be pursued for misconduct such as bribery, corruption, fraud, or other “high crimes and misdemeanors” that undermine public trust or abuse the official’s power.
- Limitations: Impeachment is typically reserved for severe offenses and is a relatively rare process.
Recall Election
In Texas, some counties have the option to remove elected officials through a recall election. However, this process is not available for all county offices. Currently, recall provisions generally apply to county-level offices in certain jurisdictions that have adopted a recall process in their local charters, such as cities with home-rule charters.
- Procedure: A recall election begins when a petition is filed by a group of citizens calling for the removal of an official. The petition must be signed by a certain percentage of eligible voters (usually a percentage of the number of votes cast in the previous election for that office). Once the petition is validated, the county or local government is required to schedule a recall election. The official can be removed from office if a majority of voters support the recall.
- Limitations: The recall process is typically only available for certain elected county officials in home-rule jurisdictions and may not apply to all counties or officials.
Criminal Conviction and Removal
County officials in Texas can be removed from office as a result of criminal convictions. If an official is convicted of certain crimes, especially felonies, they may be disqualified from holding public office.
- Procedure: A criminal conviction can lead to automatic removal from office, depending on the offense. For example, Texas law disqualifies any official convicted of a felony or certain other crimes from continuing in their position. In such cases, the conviction itself is a form of removal, and the official may be required to vacate their office.
- Grounds for Removal: Convictions related to corruption, bribery, theft, or other criminal activity related to the official’s duties often lead to removal. For example, a conviction for a felony offense such as theft, bribery, or other misconduct while in office would result in the immediate removal of the official.
Resignation or Voluntary Removal
An elected county official may voluntarily resign from office at any time. While this is not a removal process through the legal system, it remains a straightforward way for an official to step down, especially if the official faces public pressure or legal troubles.
- Procedure: Resignation is initiated by the official submitting a formal letter of resignation to the appropriate governing body (such as the county commissioners’ court or the local election authority). Once accepted, the official’s position becomes vacant, and a successor may be appointed or elected depending on the circumstances.
- Limitations: Resignation may occur voluntarily but does not address the underlying misconduct if that is a concern. It is not a form of legal accountability or punishment.
Removal by a Court of Law (Civil Removal)
In some cases, Texas law allows for the removal of a county official through a civil lawsuit. Under the Texas Government Code, certain officials may be removed by a district court if they engage in conduct that constitutes “misfeasance, malfeasance, or nonfeasance” in office.
- Procedure: A civil lawsuit for removal can be filed by the state or by other county officials. The court reviews the allegations and, if sufficient evidence of misconduct is presented, may issue a judgment removing the official from office.
- Grounds for Removal: Misfeasance refers to the improper performance of lawful duties, malfeasance refers to unlawful acts in office, and nonfeasance refers to the failure to perform required duties.
- Limitations: Civil removal suits are often lengthy and complex, requiring clear evidence of wrongdoing or negligence.
Public Petition or Petition to the Commissioners Court
In some instances, public petitions may be used to request the removal of a county official. This method, however, is not a formal legal removal process. Instead, citizens can petition the commissioners’ court or another governing body to remove an official due to alleged misconduct. This is typically a form of pressure or public advocacy rather than a direct legal mechanism.
- Procedure: A petition signed by a significant number of county residents may be presented to the commissioners’ court. While the court does not have the direct authority to remove an official, the petition may influence the official’s decision to resign or lead to other actions.
- Limitations: A petition to the commissioners’ court is not a legally binding action and does not guarantee removal.
Removal of Officials in Appraisal Districts and Appraisal Review Boards
In Texas, appraisal district officials, such as the chief appraiser, and Appraisal Review Board (ARB) members are subject to removal under specific procedures.
Removal of Chief Appraiser
The chief appraiser is appointed by the appraisal district’s board of directors. The board can remove the chief appraiser for misfeasance, malfeasance, or nonfeasance, such as misconduct or failure to perform duties. Removal does not require judicial action, but the appraiser may challenge the decision through a grievance process.
Removal of Appraisal Review Board Members
ARB members are appointed by local taxing authorities (e.g., county commissioners or city councils). They can be removed for conflict of interest, failure to perform duties, or criminal conduct. The appointing authority handles removal, and members may appeal to a court if they believe the removal was unjust.
Oversight and Appeals
The Texas Comptroller does not directly intervene in removals, but can audit appraisal districts for compliance with state law. Citizens can file complaints with the Texas Department of Licensing and Regulation (TDLR) if officials are not properly certified, but TDLR can only take disciplinary actions, not remove officials.
In summary, while removal procedures for appraisal district officials and ARB members vary, they are generally handled at the local level by the appointing authority or appraisal district board, with oversight and appeals available in certain cases.
Conclusion
Removing a county official in Texas can be a complex and multi-faceted process, governed by a combination of state law, local ordinances, and constitutional provisions. Whether through impeachment, criminal conviction, recall, civil lawsuits, or voluntary resignation, there are various methods to ensure that county officials remain accountable to the public. Each process varies in terms of its requirements, procedure, and applicability depending on the type of office and the specific circumstances involved. As such, citizens seeking to remove a county official should consult with legal experts or local authorities to understand the most effective course of action.
