Amend CSHB 45 (house committee report) as follows:
(1) On page 1, lines 18 through 19, strike "information requested" and substitute "requested information that has not been made publicly available".
(2) On page 1, line 22, between the underlined period and "Notwithstanding", insert "(a)".
(3) On page 2, lines 6 through 7, strike "initiated proceedings" and substitute "taken prosecutorial action".
(4) On page 2, between lines 7 and 8, insert the following:
(b) A local prosecuting attorney may file a motion in a district court objecting to the attorney general's representation of the state under Subsection (a) in the prosecution of a criminal offense described by Section 402.101. In response to a motion filed under this subsection, the court shall:
(1) make a finding as to whether the local prosecuting attorney has taken prosecutorial action to prosecute the offense; and
(2) determine whether the attorney general or the local prosecuting attorney shall represent the state in the prosecution of the offense.