33rd / 424th District Courts

Surprisingly (to the author at least), the district judge has the power to remove enumerated officials for incompetency and misconduct plus other grounds specified by statute. A portion of the chapter dealing with these issues follows.

SUBCHAPTER B REMOVAL BY PETITION AND TRIAL
Sec. 87.011. Definitions.
In this subchapter:

(1) ``District attorney'' includes a criminal district attorney.

(2) ``Incompetency'' means:

(A) gross ignorance of official duties;

(B) gross carelessness in the discharge of those duties; or

(C) unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the officer's election.

(3) ``Official misconduct'' means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.

Sec. 87.012. Officers Subject to Removal.
The district judge may, under this subchapter, remove from office:

(1) a district attorney;
(2) a county attorney;
(3) a county judge;
(4) a county commissioner;
(5) a county clerk;
(6) a district clerk;
(7) a district and county clerk;
(8) a county treasurer;
(9) a sheriff;
(10) a county surveyor;
(11) a county tax assessor-collector;
(12) a constable;
(13) an inspector of hides and animals;
(14) a justice of the peace; and
(15) a county officer, not otherwise named by this section, whose office is created under the constitution or other law of this state.

Sec. 87.013. General Grounds for Removal.
(a) An officer may be removed for:

(1) incompetency;
(2) official misconduct; or
(3) intoxication on or off duty caused by drinking an alcoholic beverage.

(b) Intoxication * * * *

Sec. 87.014. Grounds: Failure to Give Bond.
* * *

Sec. 87.015. Petition for Removal.
(a) A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides. However, a proceeding for the removal of a district attorney is begun by filing a written petition in a district court of:
* * *

(b) Any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county may file the petition. At least one of the parties who files the petition must swear to it at or before the filing.

(c) The petition must be addressed to the district judge **** The petition must set forth the grounds ****