BILL ANALYSIS

C.S.H.B. 3675

By: Ortega

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The El Paso community has seen devastating consequences caused by the absence of efficient, ethical management by El Paso's former district attorney. A lack of management responsibility from the now-removed district attorney has led to cases being thrown out due to missed legal deadlines, with community members feeling helpless in their efforts to obtain justice. District attorneys in large counties of more than 850,000 naturally have large caseloads, and this requires a district attorney to have the strong management skills in order to effectively lead the large staff required to process that workload. C.S.H.B. 3675 seeks to address this issue by requiring district attorneys and criminal district attorneys who represent counties with populations of 850,000 or more to complete a 10-hour continuing legal education course on management responsibility, resources, and methods within the first year of their elected or appointed service. Failure to complete the training in the allotted time would be grounds for removal due to incompetency.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3675 amends the Government Code to require a district attorney or criminal district attorney who is elected or appointed to serve a judicial district that includes a county with a population of more than 850,000 to complete, either in person or online, a 10-hour training course on management responsibility, resources, and methods not later than the first anniversary of the date the attorney was first elected or appointed but not later than September 1, 2024.

C.S.H.B. 3675 requires the State Bar of Texas to credit a district attorney or criminal district attorney who completes the training course with 10 continuing legal education hours. A district attorney or criminal district attorney who fails to complete the training is considered incompetent for purposes of removal of county officers from office. These provisions apply only to an applicable district attorney or criminal district attorney who is first elected or appointed on or after the bill's effective date. A district attorney or criminal district attorney who, on the bill's effective date, is serving a judicial district that includes a county with a population of more than 850,000 must complete the training not later than September 1, 2024.  

C.S.H.B. 3675 amends the Local Government Code to require the district judge adjudicating a petition for removal of a district attorney in which the only alleged cause for removal is a violation of the training required by the bill to dismiss the case if the district attorney completes the training as required not later than the 30th day after the date the written petition is filed for the removal of the district attorney.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3675 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision not in the introduced providing for a district judge  adjudicating a petition for removal of a district attorney in which the only alleged cause for removal is a violation of the bill's training requirements to dismiss the case if the district attorney completes the training as required not later than the 30th day after the date the written petition is filed for the removal of the district attorney.