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Texas Statutes (Last Updated: January 4, 2014) |
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LOCAL GOVERNMENT CODE |
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Title 2. ORGANIZATION OF MUNICIPAL GOVERNMENT |
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Subtitle B. MUNICIPAL FORM OF GOVERNMENT |
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Chapter 21. GENERAL PROVISIONS AFFECTING GOVERNING BODY OF MUNICIPALITY |
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Subchapter B. REMOVAL OF MEMBER OF GOVERNING BODY OF GENERAL-LAW MUNICIPALITY |
Sec. 21.029. TRIAL
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(a) An officer shall have the right to trial by jury.
(b) The trial for the removal of an officer and the proceedings connected with the trial shall be conducted as much as possible in accordance with the rules and practice of the court in other civil cases, in the name of the State of Texas, and on the relation of the person filing the petition.
(c) In a removal case, the judge may not submit special issues to the jury. Under a proper charge applicable to the facts of the case, 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) The district attorney shall represent the state in a proceeding for the removal of an officer.