88R3327 JTZ-D
 
  By: Leach, et al. H.B. No. 200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reestablishment of the Prosecuting Attorneys
  Coordinating Council.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 2, Government Code, is amended
  by adding Chapter 47 to read as follows:
  CHAPTER 47. PROSECUTING ATTORNEYS COORDINATING COUNCIL
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 47.001.  DEFINITIONS. In this chapter:
               (1)  "Complaint" means a written communication
  submitted to the council by an individual residing in the
  jurisdiction of the prosecuting attorney to whom the complaint
  corresponds.
               (2)  "Council" means the Prosecuting Attorneys
  Coordinating Council.
               (3)  "Formal hearing" means a public evidentiary
  proceeding conducted before the council or by a special master.
               (4)  "Formal proceeding" means any proceeding the
  council initiates following a formal hearing concerning the public
  reprimand, disqualification, or removal of a prosecuting attorney.
               (5)  "Incompetence" means:
                     (A)  gross ignorance or neglect of an official
  duty; 
                     (B)  a physical or mental defect which prohibits
  the prompt or proper discharge of official duties; or
                     (C)  failure to maintain the qualifications
  required by law for election to the office, including membership in
  good standing of the State Bar of Texas.
               (6)  "Misconduct" means:
                     (A)  unlawful behavior prohibited by Chapter 39,
  Penal Code;
                     (B)  an act that is a felony;
                     (C)  an act that is a misdemeanor involving moral
  turpitude; or
                     (D)  wilful or persistent conduct inconsistent
  with the proper performance of official duties.
               (7)  "Prosecuting attorney" means a district or county
  attorney described by Section 21, Article V, Texas Constitution.
  SUBCHAPTER B. PROSECUTING ATTORNEYS COORDINATING COUNCIL
         Sec. 47.101.  COUNCIL MEMBERSHIP. (a)  The council consists
  of seven members as follows:
               (1)  one member appointed by the governor;
               (2)  one member who is currently serving as a county
  sheriff or municipal police chief, appointed by the governor;
               (3)  one member who is an incumbent judge of a court
  with criminal jurisdiction, appointed by the supreme court;
               (4)  one member who is an elected county attorney;
               (5)  one member who is an elected district attorney;
               (6)  one member who represents the public and is not
  licensed to practice law, appointed by the speaker of the house; and 
               (7)  one member who represents the public and is not
  licensed to practice law, appointed by the lieutenant governor.
         (b)  The supreme court shall establish the process for
  selecting the members described by Subsections (a)(4) and (5).
         (c)  For purposes of this chapter, the duties of a council
  member are in addition to the duties required for any elected
  position held by the member, and membership on the council does not
  constitute dual officeholding.
         (d)  A member of the council serves without compensation, but
  is entitled to reimbursement for expenses incurred in attending
  meetings or performing other council duties, as provided by the
  General Appropriations Act.
         Sec. 47.102.  TERMS; VACANCIES.  (a)  The members of the
  council serve staggered six-year terms as determined by the supreme
  court.
         (b)  If a vacancy occurs on the council, a replacement who
  meets the qualifications for the vacant position under Section
  47.101(a) shall be appointed to serve for the remainder of the term.
         Sec. 47.103.  PRESIDING OFFICER. The member appointed by
  the governor under Section 47.101(a)(1) serves as presiding officer
  of the council.  The presiding officer may vote on any matter before
  the council.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 47.201.  ADMINISTRATIVE ATTACHMENT; SUPPORT.  (a)  The
  council is an agency of the judicial branch of state government,
  administratively attached to the supreme court.
         (b)  The supreme court shall provide administrative support
  services, including human resource, budgetary, accounting,
  purchasing, payroll, information technology, and legal support
  services, to the council as necessary to carry out the purposes of
  this chapter. 
         Sec. 47.202.  POWERS AND DUTIES OF COUNCIL. (a)  The council
  shall:
               (1)  review and resolve complaints involving
  incompetency and misconduct by prosecuting attorneys under this
  chapter;
               (2)  provide notice to a prosecuting attorney who is
  the subject of an investigation by the council that:
                     (A)  specifies the matters under investigation
  and the complaint against the attorney; and 
                     (B)  sets a date for a hearing or the taking of
  testimony for investigation purposes;
               (3)  coordinate with statewide district and county
  attorneys associations to carry out the purposes of this chapter;
  and
               (4)  annually report to the governor, legislature, and
  supreme court on or before December 1 on all council proceedings,
  funding and staffing needs, and any recommendations for legislation
  or rules necessary for effective criminal prosecutions.
         (b)  The council may:
               (1)  accept complaints that clearly allege facts of
  incompetency or misconduct by a prosecuting attorney;
               (2)  initiate and conduct investigations for
  incompetency or misconduct by prosecuting attorneys;
               (3)  hold formal hearings or formal proceedings on
  complaints against and investigations of prosecuting attorneys;
               (4)  administer oaths;
               (5)  issue subpoenas for the attendance of witnesses
  and to compel testimony and the production of books, records,
  papers, accounts, and documents relevant to any investigation or
  hearing;
               (6)  order the deposition of any person be taken in
  accordance with the Texas Rules of Civil Procedure;
               (7)  respond to a district court's request for
  recommendations on the appointment of an attorney to represent the
  council in disqualification proceedings under Section 47.301(b);
  and
               (8)  enter into agreements with other public or private
  agencies, associations, or organizations to implement this
  chapter.
         (c)  A council subpoena for the attendance of witnesses,
  testimony, or production of evidence is enforceable by contempt
  proceedings in a district court serving the county in which the
  prosecuting attorney under investigation resides.
         Sec. 47.203.  PROHIBITED COMPLAINTS BY CONVICTED DEFENDANT
  AGAINST PROSECUTING ATTORNEY. A person convicted of a criminal
  offense may not file a complaint against a prosecuting attorney
  under this chapter if the criminal offense corresponds or is
  related to the complaint.
         Sec. 47.204.  COUNCIL ACTION ON COMPLAINT AGAINST
  PROSECUTING ATTORNEY; PETITIONS FOR REMOVAL.  (a)  After examining
  the records and proceedings before the council on any complaint
  filed against a prosecuting attorney under this chapter, the
  council by majority vote may:
               (1)  issue a public or private finding that the
  prosecuting attorney is not incompetent or has not committed any
  misconduct;
               (2)  issue a public or private reprimand to the
  prosecuting attorney for deficient conduct of their duties which
  does not rise to the level of incompetence or misconduct;
               (3)  request the supreme court to appoint a special
  master who shall, after appropriate hearings, submit to the council
  a report and recommendation on whether sufficient cause exists to
  remove the prosecuting attorney under this chapter; or
               (4)  file a petition for removal of the prosecuting
  attorney.
         (b)  A petition for removal by the council must:
               (1)  be filed in the name of the State of Texas in the
  district court of the county in which the prosecuting attorney
  resides and docketed on the civil docket; and
               (2)  contain allegations of incompetency or misconduct
  and the facts on which the allegations are based.
         (c)  The trial on a petition for removal shall proceed in
  accordance with the Texas Rules of Civil Procedure.
         (d)  All proceedings and records before the council or a
  special master requested by the council are confidential and
  privileged until:
               (1)  the proceedings and records are introduced in
  evidence in any proceeding for removal; or
               (2)  the council issues a public reprimand.
         Sec. 47.205.  RULES. The council shall adopt rules as
  necessary to administer and enforce this chapter. 
  SUBCHAPTER D. DISQUALIFICATION, SUSPENSION, OR REMOVAL OF
  PROSECUTING ATTORNEY
         Sec. 47.301.  DISQUALIFICATION, SUSPENSION, OR REMOVAL OF
  PROSECUTING ATTORNEY.  (a)  A prosecuting attorney may be
  disqualified, suspended, or removed from office in accordance with
  this chapter.
         (b)  When a petition for removal is filed under this chapter,
  the judge of the court in which the petition is filed shall request
  the appointment of a special judge to hear the case.  On
  appointment, the special judge shall appoint an attorney
  representing the council to prosecute the case.  The special judge
  must select the attorney from a list of not fewer than five
  qualified attorneys submitted by the council.
         (c)  A prosecuting attorney is disqualified from performing
  the duties and functions or exercising the privileges of the
  attorney's office if the council has filed a petition for removal of
  the attorney from office under this chapter and remains
  disqualified while the petition is pending before a district court.
         (d)  A prosecuting attorney is suspended from office if the
  attorney has: 
               (1)  been disbarred or suspended from the practice of
  law in this state through trial or on agreement;
               (2)  been found guilty in a court of competent
  jurisdiction of a misdemeanor involving moral turpitude or any
  felony; or
               (3)  been found incompetent, or to have committed
  misconduct, following a trial on the merits of a petition for
  removal.
         (e)  On final adjudication or conviction of a prosecuting
  attorney suspended from office under Subsection (d) for any cause
  of action on which the attorney's suspension was based, the court
  shall order the attorney removed from office.
         Sec. 47.302.  PROSECUTING ATTORNEY PRO TEM. (a)  On
  disqualification or suspension of a prosecuting attorney, the
  duties of that attorney's office shall be performed by a
  prosecuting attorney pro tem, who shall exercise all the powers and
  duties of a prosecuting attorney.
         (b)  The prosecuting attorney pro tem shall be appointed by
  the council, and shall serve until:
               (1)  the disqualification or suspension of the
  prosecuting attorney is lifted; or
               (2)  a successor to a removed prosecuting attorney has
  been appointed under Section 21, Article V, Texas Constitution, or
  Section 87.017, Local Government Code.
         Sec. 47.303.  EFFECTS OF DISQUALIFICATION, SUSPENSION, OR
  REMOVAL.  (a)  During a period of disqualification, a prosecuting
  attorney is entitled to receive the compensation provided by law
  for that office, but is disqualified from performing any official
  duties imposed on the attorney's office by law or exercising any
  privilege incident to that office.
         (b)  During a period of suspension, a prosecuting attorney:
               (1)  is not entitled to any compensation provided by
  law for that office; and
               (2)  is disqualified from performing any official
  duties imposed on that office by law or exercising any privilege
  incident to that office.
         (c)  If a court judgment suspending or removing a prosecuting
  attorney is reversed or vacated and when the reversing or vacating
  judgment becomes final, the prosecuting attorney is entitled to the
  compensation provided by law for that office from the date the
  attorney was suspended or removed from office to the last day of the
  term to which the attorney was elected or appointed to that office.
         SECTION 2.  (a)  Not later than November 1, 2023, the Supreme
  Court of Texas shall establish the process to select the members of
  the Prosecuting Attorneys Coordinating Council in accordance with
  Chapter 47, Government Code, as added by this Act.
         (b)  Not later than January 1, 2024, the appointing officials
  shall appoint the members of the Prosecuting Attorneys Coordinating
  Council in accordance with Chapter 47, Government Code, as added by
  this Act.
         SECTION 3.  Not later than April 1, 2024, the Prosecuting
  Attorneys Coordinating Council shall adopt the rules necessary to
  implement Chapter 47, Government Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2023.