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Can Fort Bend County’s indicted tax assessor be removed from office? Here’s what Texas law says

Following Carmen Turner’s federal indictment and calls for her resignation, here’s how Texas law addresses the removal and replacement of elected county officials

Fort Bend County Tax Assessor-Collector Carmen Turner was indicted on federal charges alleging she used county payroll to pay employees for work they did not perform. (KPRC 2)

FORT BEND COUNTY, Texas – Fort Bend County Tax Assessor-Collector Carmen Turner is facing federal criminal charges, and the county’s top elected official has called for her resignation. But can she actually be removed from office before her criminal case is resolved?

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The answer is yes, although an indictment alone does not automatically remove an elected official from office.

Texas law establishes a separate process for removing county officials under certain circumstances, as well as procedures for appointing replacements when an office becomes vacant.

Here’s what residents should know.

Why are officials calling for Carmen Turner to resign?

Turner was arrested Thursday, Oct. 22, following a federal indictment alleging she participated in a scheme to use Fort Bend County payroll funds to compensate people for work they did not perform.

According to the U.S. Attorney’s Office for the Southern District of Texas, Turner and two other defendants face charges involving conspiracy, theft concerning federal program funds and wire fraud.

Federal prosecutors allege the scheme operated between September 2023 and September 2025.

The indictment accuses Turner of arranging for county employees to receive paychecks while performing personal services or working elsewhere instead of fulfilling their assigned county duties.

Turner is presumed innocent unless proven guilty in court.

On Friday, Oct. 23, Fort Bend County Judge Daniel Wong called for Turner’s resignation, citing concerns about public confidence in the tax assessor-collector’s office.

As KPRC 2 previously reported, Turner can remain in office while the federal charges are pending.

Does a federal indictment automatically remove an elected official?

No.

An indictment is a formal criminal accusation. It does not establish guilt, and it does not, by itself, create a vacancy in the office of county tax assessor-collector.

That means Turner is not automatically required to resign simply because federal prosecutors have filed charges against her.

A call for resignation from another elected official also does not carry the legal authority to remove her from office.

However, Texas law provides a separate civil process through which certain county officials can be removed.

Can a county official be removed before being convicted?

Yes, under certain circumstances.

Chapter 87 of the Texas Local Government Code establishes procedures for removing county officials, including tax assessor-collectors.

Under Section 87.013, grounds for removal include incompetency, official misconduct and intoxication, as those terms are defined by law.

A removal case is separate from a criminal prosecution. That means a criminal conviction is not necessarily required before a court can consider whether an official should be removed.

The law allows qualifying removal proceedings to be brought in district court. A removal petition must allege legally recognized grounds and follow the procedures established in Chapter 87.

Under Section 87.018, a contested removal case is generally decided through a jury trial.

Whether any particular allegations would justify removal is a question for the legal process, not something established by the filing of criminal charges.

Could Turner be suspended while a removal case is pending?

Potentially.

Section 87.017 allows a district judge to temporarily suspend an officer after the filing of a removal petition and appoint another person to perform the duties of the office while the case proceeds.

A suspension is not the same as a final removal. It is a temporary measure that may be ordered during the civil proceeding.

The decision rests with the court under the applicable law. It does not happen automatically when an official is indicted.

What happens if an elected county official is convicted?

A criminal conviction can have additional consequences for an official’s ability to remain in office, depending on the offense and the applicable law.

Section 87.031 of the Local Government Code provides for removal following certain criminal convictions.

However, not every conviction produces the same result, and the precise consequences depend on the offense, judgment and statutory requirements.

Turner has not been convicted in the current federal case, and the charges against her remain allegations.

Who would replace Carmen Turner if she leaves office?

If Turner resigns, is removed or otherwise leaves office and a vacancy occurs, Fort Bend County Commissioners Court would have the authority to appoint a replacement.

Under Section 87.041 of the Texas Local Government Code, commissioners courts may fill vacancies in several county offices, including the office of tax assessor-collector.

The law requires a majority vote of the commissioners who are present and voting.

The person appointed would serve until the next general election, when voters would have an opportunity to choose someone to fill the office under applicable election laws.

That means the position would not automatically go to a deputy or another county employee as the permanent replacement.

Would residents still be able to pay property taxes or register vehicles?

The Fort Bend County Tax Assessor-Collector’s Office handles important public services, including property tax collections, vehicle registrations and title transactions.

A change in the elected official leading the department would not, by itself, eliminate those responsibilities.

However, county officials would need to confirm whether any specific staffing changes or temporary service disruptions were expected if Turner were to leave office.

Residents can find current vehicle registration and title service information through the Texas Department of Motor Vehicles’ Fort Bend County tax office directory.

What happens next?

Turner’s federal criminal case will proceed through the court system unless it is resolved through another lawful process.

Separately, Texas law provides avenues for resignation, civil removal and temporary suspension under specific circumstances.

As of Saturday, Oct. 24, KPRC 2 has reported calls for Turner’s resignation, but the indictment itself has not removed her from office.

For now, the central distinction is that facing criminal charges and being legally removed from elected office are two different matters.