Texas Local Government Code - Section 21.027. Citation Of Officer
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§ 21.027. CITATION OF OFFICER. (a) After a petition for
removal is filed, the person filing the petition shall apply to the
district judge in writing for an order requiring a citation and a
certified copy of the petition to be served on the officer.
(b) If the application for the order is made during the term
of the court, action may not be taken on the petition until the
order is granted and entered in the minutes of the court. If the
application is made to the judge during the vacation of the court,
the judge shall indicate on the petition the action taken and shall
have the action entered in the minutes of the court at the next
term.
(c) If the judge refuses to issue the order for citation,
the petition shall be dismissed at the cost of the person filing the
petition. The person may not take an appeal from the judge's
decision or apply for a writ of mandamus. If the judge grants the
order for citation, the clerk shall issue the citation with a
certified copy of the petition. The judge shall require the person
filing the petition to post security for costs in the manner
provided for other cases.
(d) The citation shall order the officer to appear and
answer the petition on a date, fixed by the judge, after the fifth
day after the date the citation is served. The time is computed as
it is in other suits. Disposition of this action by the district
court shall take precedence over other civil matters on the court's
docket.
Added by Acts 1999, 76th Leg., ch. 1567, § 2, eff. Sept. 1, 1999.
Section: 21.003 21.021 21.022 21.023 21.024 21.025 21.026 21.027 21.028 21.029 21.030 21.031 21.032 22.001 22.002
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Last modified: August 10, 2007
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