Dallas Legislator checks Sheriffs in gun vows

Rep. Yvonne Davis (D-Dallas), is proposing legislation that would remove any sheriff or law enforcement officer who refuses to enforce state or federal law. Keep in mind, sheriffs are elected by the people, not appointed by bureaucrats. In other words, the proposed bill would remove elected officials from office unless they enforce laws they feel violate the Constitution.

Rep. Yvonne Davis

If found “guilty,” a court shall remove the person from office and disqualify them from public office for a period of 10 years.

Here’sthe text of the bill (H.B. No. 2167):(click here) 

Sec. 66.004. FAILURE TO ENFORCE STATE OR FEDERAL LAW. (a) For purposes of Section 66.001, a person holding an elective or appointive office of this state or of a political subdivision of this state does an act that causes the forfeiture of the person’s office if the person:

(1) wilfully fails to enforce a state or federal law in the course of the person’s official duties;

(2) directs others subject to the person’s supervision or control as a public official not to enforce a state or federal law; or

(3) states orally or in writing that the person does not intend to enforce a state or federal law in the course of the person’s official duties.

(b) For purposes of this section, “law” includes any rule, regulation, executive order, court order, statute, or constitutional provision.

(c) This section does not apply to a law:

(1) that has been held to be invalid by a court with jurisdiction over the territory served by the officer; or

(2) the validity of which is currently being challenged in a court with jurisdiction over the territory served by the officer.

(d) The attorney general or appropriate county or district attorney shall file a petition under Section 66.002 against an officer to which Subsection (a) applies if presented with evidence, including evidence of a statement by the officer, establishing probable cause that the officer engaged in conduct described by Subsection (a). The court in which the petition is filed shall give precedence to proceedings relating to the petition in the same manner as provided for an election contest under Section 23.101, Government Code.

(e) If the person against whom an information is filed based on conduct described by Subsection (a) is found guilty as charged, the court shall enter judgment removing the person from office and disqualifying the person from public office for a period of 10 years.

- Submitted by Ricky Moore, McLennan County Militia