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.