The Laws of Texas, 1921 [Volume 21] Page: 69 of 1,670
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GENERAL LAWS. 61
AMENDING ACT PROVIDING THE METHOD OF REMOVAL
FROM OFFICE OF PRISON COMMISSIONERS.
S. B. No. 73.] CHAPTER 32.
An Act to amend Chapter 1, Title 104, Revised Civil Statutes of Texas, 1911,
by inserting immediately following Article 6195, a new article to be known
as Article 6195a, providing the method of removal from office of Prison
Commissioners of the State of Texas, fixing the venue of suits for such
purpose, requiring the Attorney General to institute such suits when directed
to do so by the Governor of the State; prescribing the duties of the
Governor in such cases, providing for the suspension of the defendant
from office, and the appointment of some other person to perform the duties
of such office for the duration of such suspension, fixing the compensation
to be paid to such person so appointed, providing for the recovery
by the defendant against the State, of the compensation which would
have accrued to him during the period of such suspension, in the event
such suit finally results in favor of the defendant, and providing how
such judgment shall be paid; giving the courts authority to issue all
necessary writs to effectuate judgments and orders rendered hereunder;
providing that the procedure of removal herein provided shall be cumulative
of all other statutes relating to the subject of removal or impeachment;
and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Title 101, Chapter 1, of the Revised Civil Statutes
of the State of Texas adopted in 1911 be amended by inserting therein
immediately following Article 6195 a new article to be known as
Article 6195a and to read as follows, to-wit:
Article 6195a. In addition to the method of removing members of
the Board of Prison Commissioners referred to in Article 6195 hereof,
they may likewise be removed for the causes set forth in Article 6195
by suit brought by the Attorney General in the name of the State
of Texas on the relation of the Governor; such suit to be brought in
the District Court of Walker County or in Travis County, or in the
county or residence of the defendant, for which purpose venue and
jurisdiction is hereby conferred. It shall be the duty of the Attorney
*General to bring such action when directed by the Governor to do so
provided the Governor accompanies such direction with charges and
evidence showing the defendant is subject to removal under Article
6195. Upon the application of the Attorney General, in the name
*of the State of Texas, the District Judge before whom such suit is
pending, may immediately suspend the defendant from office, which
order or suspension shall be effective until set aside by the Court
on the motion of the defendant, which motion upon the demand of
the defendant shall have preference over all other causes pending in
such court; provided, however, that if the judgment of the trial court
be one of removal from office, the defendant shall be forthwith suspended
from office pending any appeal of the case. In the event the
defendant be suspended from office, and the suit finally results in
favor of the defendant, he shall be entitled to recover all the compensation
which would have accrued to him had he not been suspended
from office, and judgment, in such event, shall be rendered against
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1921 [Volume 21], book, 1921; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth14933/m1/69/: accessed July 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .