Shaheen Bill Ties Judges’ Removal To Amendment Contest Deadlines

The text as introduced · 679 words

89R7782 TSS-D

By: Shaheen
H.B. No. 5116

A BILL TO BE ENTITLED

AN ACT

relating to requirements and procedures in the contest of an

election on a proposed constitutional amendment.

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 66.0011 to read as follows:

Sec. 66.0011. GROUNDS FOR REMOVAL OF JUDGE. (a) For

purposes of Section 1-a, Article V, Texas Constitution, a judge who

is noncompliant with the requirements under Section 233.014,

Election Code, has engaged in wilful or persistent conduct that is

clearly inconsistent with the proper performance of the judge's

duties sufficient to subject the judge to removal from office.

(b) The attorney general or the county or district attorney

of the appropriate county shall file a petition under Section

66.002 against a judge who is subject to removal as provided by

Subsection (a) if presented with evidence establishing probable

cause that the judge engaged in the conduct described by Subsection

(a).

SECTION 2. Section 233.014, Election Code, is amended by

amending Subsections (c), (d), (f), and (h) and adding Subsection

(c-1) to read as follows:

(c) The filing of an election contest does not suspend

implementation of a constitutional amendment that was approved by

the majority of the votes cast unless the contestant can show, at a

hearing held not later than the 30th day after the date the election

contest was filed:

(1) a substantial likelihood of success on the merits;

(2) irreparable harm to the contestant or to the

citizens of this state if the court permits the implementation of

the constitutional amendment;

(3) the harm described by Subdivision (2) will

outweigh the harm to this state that will occur if the court permits

the implementation to be enjoined; and

(4) enjoining implementation is in the best interest

of the public [ The declaration of the official result of a contested

election may not be made until the contest is finally determined.

The secretary of state shall tabulate the county returns and the

governor shall announce the final vote count, as ascertained from

the returns, in a written document. The document announcing the

final vote count must state that a contest of the election has been

filed and that the declaration of the official result will not be

made until the contest is finally determined ].

(c-1) The trial court must ensure that a written ruling on a

pretrial motion before the court is entered not later than the 30th

day after the date the motion is filed.

(d) The trial date may not be earlier than the 45th day after

the date of the contested election except [ nor later than the 180th

day after the date of the contested election. The trial date may be

earlier than the 45th day after the date of the contested election ]

at the request of the contestant. The trial court must ensure the

judgment of the court is not filed later than the 180th day after

the date of the contested election.

(f) The court shall include in its judgment in a contest an

order directing the governor to declare the [ official result of the

election or to declare the ] election valid or void, as appropriate,

not later than the 10th day after the date the judgment becomes

final.

(h) If a contestant files an appeal of the contest, the

appellate court must ensure that the action is brought to final

disposition not later than the 60th [ 180th ] day after the date the

judgment becomes final.

SECTION 3. The changes in law made by this Act apply to a

contest of a constitutional amendment election filed on or after

the effective date of this Act. A contest of a constitutional

amendment election filed before the effective date of this Act is

governed by the law in effect on the date that the suit is filed, and

the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.