By: Hughes  S.B. No. 1927
         (In the Senate - Filed March 8, 2023; March 20, 2023, read
  first time and referred to Committee on State Affairs;
  March 30, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 2; March 30, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1927 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the appointment, duties, and removal of the state
  prosecuting attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 42.001, Government Code,
  is amended to read as follows:
         Sec. 42.001.  OFFICE; DUTIES; QUALIFICATIONS.
         SECTION 2.  Section 42.001, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The supreme court [of criminal appeals] shall appoint a
  state prosecuting attorney.
         (a-1)  The state prosecuting attorney:
               (1)  shall [to] represent the state in all proceedings
  before the court of criminal appeals;
               (2)  [. The state prosecuting attorney] may [also]
  represent the state in any stage of a criminal case before a state
  court of appeals if the attorney [he] considers it necessary for the
  interest of the state; and
               (3)  may exercise concurrent jurisdiction to represent
  the state in the district and inferior courts in this state in a
  criminal case in which the criminal conduct alleged relates to:
                     (A)  a violation of this state's election laws;
                     (B)  a violation of this state's abortion laws,
  including Chapters 170A and 171, Health and Safety Code, and
  Chapter 6-1/2, Title 71, Revised Statutes; or
                     (C)  an offense under Chapter 20A, 36, or 39,
  Penal Code.
         SECTION 3.  Section 42.004, Government Code, is amended to
  read as follows:
         Sec. 42.004.  REMOVAL.  The supreme court [of criminal
  appeals] may remove state prosecuting attorneys from office for
  good cause.
         SECTION 4.  The changes in law made by this Act apply only to
  a state prosecuting attorney who is appointed on or after the
  effective date of this Act.  A state prosecuting attorney appointed
  before the effective date of this Act continues to serve for the
  term to which the state prosecuting attorney was appointed unless
  otherwise removed as provided by law.
         SECTION 5.  (a)  Notwithstanding any other section of this
  Act, in a state fiscal year, the state prosecuting attorney is not
  required to implement a mandatory provision in another section of
  this Act imposing a duty on the state prosecuting attorney to take
  an action unless money is specifically appropriated to the state
  prosecuting attorney for that fiscal year to carry out that duty.  
  The state prosecuting attorney may implement the provision in that
  fiscal year to the extent other funding is available to the state
  prosecuting attorney for the implementation.
         (b)  If, as authorized by Subsection (a) of this section, the
  state prosecuting attorney does not implement the mandatory
  provision in a state fiscal year, the state prosecuting attorney,
  in the state prosecuting attorney's legislative budget request for
  the next state fiscal biennium, shall certify that fact to the
  Legislative Budget Board and include a written estimate of the
  costs of implementing the provision in each year of that next state
  fiscal biennium.
         (c)  This section expires and any duty suspended by
  Subsection (a) of this section becomes mandatory on September 1,
  2027.
         SECTION 6.  This Act takes effect September 1, 2023.
 
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