Texas 89th Legislature, Regular Session Status: Died

HB 4006 — Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.

Last action — Referred to State Affairs: Mar 27 2025 11:57AM

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  1. ✓
    Introduced
  2. Died in session

This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.

Bill Text

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Read HB 4006 on the official Texas source →

How this bill changes current law

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This bill amends the Texas statutes.

  • CHAPTER 47. SUSPENSION AND REMOVAL OF DISTRICT ATTORNEY, CRIMINAL DISTRICT ATTORNEY, OR COUNTY ATTORNEY Sec. 47.001. APPLICABILITY. This chapter applies only to a person serving in an elected office to which Section 7, Article XV, Texas Constitution, applies. Sec. 47.002. DUTY TO FOLLOW AND EXECUTE LAWS OF THIS STATE. A district attorney, criminal district attorney, or county attorney of a political subdivision of this state shall follow and execute the laws of this state in accordance with the attorney's oath of office. Sec. 47.003. SUSPENSION BY GOVERNOR; PETITION. (a) Notwithstanding any other law, the governor may suspend a district attorney, criminal district attorney, or county attorney of a political subdivision of this state on the grounds that the attorney violated Section 47.002. (b) The governor shall file a petition for removal of a district attorney, criminal district attorney, or county attorney the governor suspends under Subsection (a) in a district court in the county in which the attorney resides. (c) A suspension under this section: (1) takes effect on the date the petition under Subsection (b) is filed; and (2) is temporary pending the outcome of a trial under Section 47.004. (d) Notwithstanding any other law, if the governor suspends a district attorney, criminal district attorney, or county attorney under Subsection (a), the governor shall make a provisional appointment to temporarily fill the vacancy until the conclusion of the trial under Section 47.004. Sec. 47.004. TRIAL; REMOVAL. (a) A district attorney, criminal district attorney, or county attorney suspended by the governor under Section 47.003 may only be removed under this chapter following a trial by jury. (b) The trial for removal of a district attorney, criminal district attorney, or county attorney under this chapter and the proceedings connected with the trial shall be conducted to the extent practicable in accordance with the rules and practice of the court in other civil cases, in the name of the State of Texas. (c) In a trial under this section, 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) If the jury finds that any ground for removal alleged in the petition is true, the suspended district attorney, criminal district attorney, or county attorney is immediately removed from office and the temporary appointment made under Section 47.003(d) continues until the vacancy in the office is filled as otherwise provided by law. (e) If the jury does not find that any ground for removal alleged in the petition is true: (1) the suspension of the district attorney, criminal district attorney, or county attorney is immediately terminated; (2) the temporary appointment made under Section 47.003(d) is terminated; and (3) the attorney is returned to office. (f) Except as provided by Subsection (g), in a trial to remove a district attorney or criminal district attorney of a political subdivision of this state under this chapter, the county attorney shall represent the state. (g) In a trial to remove a county attorney from office, the county attorney from an adjoining county, as selected by the commissioners court of the county in which the proceeding is pending, shall represent the state.

    amended

Action History

  1. Referred to State Affairs

  2. Read first time

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 183 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (183)

183 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HB 4006 do?
Relating to the suspension and removal from office of a district attorney, criminal district attorney, or county attorney of a political subdivision of this state.
Who sponsors HB 4006?
HB 4006 is sponsored by Brent Money.
What is the current status of HB 4006?
This bill died with 89th Legislature, Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4006?
Track HB 4006 free on One Click Politics — get push/email alerts when it moves.

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