CHAPTER 616. EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 616. EMERGENCY INTERIM PUBLIC OFFICE SUCCESSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 616.001. SHORT TITLE. This chapter may be cited as the

Emergency Interim Public Office Succession Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.002. DEFINITIONS. In this chapter:

(1) "Emergency interim successor" means an individual designated

under this chapter to exercise the powers and perform the duties

of an office.

(2) "Office" includes:

(A) a state office, the powers and duties of which are defined

by the constitution or laws of this state, except the governor, a

member of the judiciary, and a member of the legislature; and

(B) a local office, the powers and duties of which are defined

by the constitution or laws of this state or by a charter or an

ordinance.

(3) "Political subdivision" includes a municipality, a county,

and a fire, power, or drainage district that is not included

under Section 616.023.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.003. DISPUTES. (a) A dispute of fact under this

chapter that relates to an office in the executive branch of

state government, except a dispute of fact relating to the

governor, shall be resolved by the governor or other official

authorized to exercise the powers and perform the duties of the

governor.

(b) A decision made by the governor or the official under this

section is final.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. EMERGENCY INTERIM SUCCESSORS

Sec. 616.021. POWERS AND DUTIES OF EMERGENCY INTERIM SUCCESSOR.

(a) The powers and duties of an office of the state or of a

political subdivision may be exercised by an emergency interim

successor under this chapter only if there has been an attack or

series of attacks on the United States by an enemy of the United

States that causes or may cause substantial damage or injury to

civilian property or individuals in the United States by:

(1) sabotage;

(2) the use of bombs, missiles, shell fire, or atomic,

radiological, chemical, bacteriological, or biological means; or

(3) the use of other weapons or processes.

(b) The designated emergency interim successor to an officer of

the state or of a political subdivision, in the order specified,

shall exercise the powers and perform the duties of the office

if:

(1) the officer and the officer's deputy are absent or unable to

exercise the powers and perform the duties of the office; or

(2) the office is vacant and a deputy is not authorized to

perform the duties of the office.

(c) The emergency interim successor to a state officer shall

exercise the powers and perform the duties of the office until:

(1) the governor or other official authorized to exercise the

powers and perform the duties of the governor appoints a

successor to fill the vacancy;

(2) a successor is otherwise appointed or elected and qualifies;

or

(3) the officer, the officer's deputy, or a preceding named

emergency interim successor is available to exercise the powers

and perform the duties of the office.

(d) The emergency interim successor to an officer of a political

subdivision shall exercise the powers and perform the duties of

the office until:

(1) the vacancy is filled; or

(2) the officer, the officer's deputy, or a preceding emergency

interim successor is available to exercise the powers and perform

the duties of the office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.022. DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO

STATE OR POLITICAL SUBDIVISION OFFICER. (a) An officer of the

state or of a political subdivision shall:

(1) designate by title emergency interim successors, if the

officer is a state officer;

(2) designate by title or, if designation by title is not

feasible, by name emergency interim successors, if the officer is

an officer of a political subdivision;

(3) specify the order of succession; and

(4) review and revise, as necessary, the designations to ensure

their current status.

(b) The officer shall designate a sufficient number of emergency

interim successors, in addition to deputies authorized by law to

exercise the powers and perform the duties of the office, so that

there is a total of at least three and not more than seven

emergency interim successors and deputies.

(c) The governor or an official authorized to exercise the

powers and perform the duties of governor may adopt regulations

governing designations made by state officers under this section.

(d) The chief executive of a political subdivision may adopt

regulations governing designations made by officers of the

subdivision under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.023. DESIGNATION OF EMERGENCY INTERIM SUCCESSOR TO

LOCAL OFFICER. (a) This section applies only to a local office

for which the governing body of the local governmental entity may

determine by ordinance or resolution the manner in which a

vacancy is filled or temporary appointment is made.

(b) The governing body of the local governmental entity may

enact a resolution or an ordinance providing for the designation

under this chapter of emergency interim successors to local

officers.

(c) In this section, "local governmental entity" includes a

municipality or county.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.024. TERM OF DESIGNATION. The designation of an

individual as an emergency interim successor continues at the

pleasure of the designating authority and may be terminated with

or without cause until the individual is authorized to exercise

the powers and perform the duties of office in accordance with

this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.025. OATH; BOND. (a) An emergency interim successor

at the time of designation shall take the oath required to

exercise the powers and perform the duties of office.

(b) An individual, before exercising the powers or performing

the duties of an office to which that individual succeeds, shall

comply with the law relating to taking office, including

provisions for a bond and an oath.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 616.026. TERMINATION OF POWERS AND DUTIES BY LEGISLATURE.

The legislature, by concurrent resolution, may terminate the

authority of emergency interim successors to exercise the powers

and perform the duties of office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.