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A BILL TO BE ENTITLED
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AN ACT
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relating to required management training for and proceedings for |
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removal of certain prosecuting attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Government Code, is |
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amended by adding Section 41.016 to read as follows: |
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Sec. 41.016. TRAINING FOR CERTAIN PROSECUTORS. (a) A |
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district attorney or criminal district attorney who is elected or |
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appointed to serve a judicial district that includes a county with a |
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population of more than 850,000 shall complete, either in person or |
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online, a 10-hour training course on management responsibility, |
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resources, and methods not later than the first anniversary of the |
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date the attorney was first elected or appointed. |
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(b) The State Bar of Texas shall credit a district attorney |
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or criminal district attorney who completes a course under this |
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section with 10 continuing legal education hours. |
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(c) A district attorney or criminal district attorney who |
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fails to complete the training required by this section is |
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incompetent for purposes of removal under Chapter 87, Local |
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Government Code. |
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SECTION 2. Subchapter B, Chapter 87, Local Government Code, |
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is amended by adding Section 87.0171 to read as follows: |
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Sec. 87.0171. MANDATORY DISMISSAL IN CERTAIN CASES. The |
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district judge adjudicating a petition for removal of a district |
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attorney in which the only alleged cause for removal is a violation |
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of Section 41.016, Government Code, shall dismiss the case if the |
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district attorney completes the training required by that section |
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not later than the 30th day after the date the petition is filed |
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under Section 87.015. |
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SECTION 3. (a) Except as provided by Subsection (b), |
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Section 41.016, Government Code, as added by this Act, applies only |
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to a district attorney or criminal district attorney who is first |
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elected or appointed on or after the effective date of this Act. |
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(b) A district attorney or criminal district attorney who on |
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the effective date of this Act serves a judicial district that |
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includes a county with a population of more than 850,000 shall |
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complete the training required by Section 41.016, Government Code, |
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as added by this Act, not later than September 1, 2024. |
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SECTION 4. This Act takes effect September 1, 2023. |