By: Williams  S.B. No. 1285
         (In the Senate - Filed March 7, 2013; March 13, 2013, read
  first time and referred to Committee on Criminal Justice;
  April 18, 2013, reported favorably by the following vote:  Yeas 6,
  Nays 0; April 18, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the operation of the special prosecution unit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41.303, Government Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  The unit is governed by a board of directors composed of
  each prosecuting attorney who:
               (1)  represents the state in criminal matters before a
  court in a county in which one or more facilities owned or operated
  by or under contract with the department or the commission are
  located; and
               (2)  has entered into a memorandum of understanding
  with the unit for the prosecution of offenses and delinquent
  conduct described by Article 104.003(a), Code of Criminal
  Procedure.
         (c)  The board of directors shall meet annually for the
  purpose of electing the executive board and approving or amending
  bylaws governing the unit.
         (d)  A majority of the members of the board of directors
  constitutes a quorum for the transaction of business. The board of
  directors must approve any action by a majority vote of the members
  present.
         SECTION 2.  Section 41.304, Government Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (d) to read
  as follows:
         (b)  If a vacancy on the executive board occurs before the
  end of the vacating member's term, the executive board [of
  directors] shall elect a person to serve the remainder of the
  [vacating member's] term [in the manner provided by Subsection
  (a)].  To be eligible for election under this subsection, a person
  must meet any qualifications required of the vacating member for
  service on the executive board.
         (c)  The executive board shall conduct the business of the
  unit.
         (d)  A majority of the members of the executive board
  constitutes a quorum for the transaction of business.  The
  executive board must approve any action by a majority vote of the
  members present.
         SECTION 3.  Subsection (d), Section 41.305, Government Code,
  is amended to read as follows:
         (d)  If a vacancy occurs in the office of presiding officer
  or assistant presiding officer before the end of the vacating
  officer's term, the executive board [of directors] shall elect a
  person to serve the remainder of the [vacating officer's] term [in
  the manner provided by Subsection (a)].
         SECTION 4.  Section 41.308, Government Code, is amended to
  read as follows:
         Sec. 41.308.  CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL
  EMPLOYEES. The executive board [of directors], on a majority vote,
  shall employ a person to serve as chief of the unit and additional
  persons to accomplish the unit's purposes.  The board of directors
  may determine the compensation of the unit's employees.
         SECTION 5.  This Act takes effect September 1, 2013.
 
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