Relating to the appointment, duties, and removal of the state prosecuting attorney.

89(R) SB 1367 - Senate Committee Report version - Bill Text

By: Hughes

S.B. No. 1367

(In the Senate - Filed February 18, 2025; March 6, 2025,

read first time and referred to Committee on State Affairs;

May 5, 2025, reported favorably by the following vote: Yeas 9,

Nays 1; May 5, 2025, sent to printer.)
Click here to see the committee vote

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

violation of this state's election laws
.

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,

2029.

SECTION 6. This Act takes effect September 1, 2025.

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