Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
In re Bazan - Texas Supreme Court

The "forgiveness doctrine", codified in Local Gov't Code §87.001 [1], does not bar the removal of a county officer, who has been convicted of a felony, if the conviction occurred before the officer's election. Tex. Const. art. XVI, §2 [2] directs that laws be made to exclude those convicted of high crimes from public office. The legislature did so by rendering, under Elec. Code §141.001(4)) [3], an individual convicted of a felony ineligible for office whether the conviction occurs before or after his election. Because the Local Gov't Code is superseded by the Texas Constitution, the "forgiveness doctrine" is limited to civil removal of officers under Local Gov't Code Chapter 87(b). In re Bazan, 06-0952 [4].

Source URL: http://www.tdcaa.com/node/2402

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/LG/content/htm/lg.003.00.000087.00.htm#87.001.00
[2] http://tlo2.tlc.state.tx.us/txconst/sections/cn001600-000200.html
[3] http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.009.00.000141.00.htm#141.001.00
[4] http://www.supreme.courts.state.tx.us/historical/2008/mar/060952.htm