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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