Texas 2023 - 88th Regular

Texas Senate Bill SB1927

Filed
3/8/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The implications of SB 1927 are significant, as it not only enhances the power of the state prosecuting attorney but also streamlines the enforcement of certain laws statewide. Supporters argue that this bill is essential for addressing election violations and ensuring accountability in abortion-related cases. The fiscal responsibility clause included in the committee substitute also indicates that the bill would take effect only if the necessary funding is allocated in the state’s budget, suggesting financial considerations are a pivotal aspect of its implementation.

Summary

Senate Bill 1927 aims to amend the duties, appointment process, and removal protocol for the state prosecuting attorney in Texas. It specifies that the Texas Supreme Court shall appoint the state prosecuting attorney, who would then represent the state in all proceedings before the court of criminal appeals. Notably, this bill allows the attorney to have concurrent jurisdiction in various criminal cases, particularly focusing on alleged violations of election laws and abortion laws, including those outlined in Chapters 170A and 171 of the Health and Safety Code. The bill is positioned as a means to bolster the authority of the state prosecutor in addressing critical legal matters across Texas.

Sentiment

The sentiment surrounding SB 1927 appears to be mixed. Proponents, including officials from organizations like Texas Right to Life, advocate for the bill, asserting it is a necessary step towards enforcing existing laws more effectively. On the contrary, opposition from groups such as the ACLU reflects concerns about the concentration of prosecutorial power, arguing it undermines democratic processes and local governance. This division underscores broader debates over the balance of power between state and community oversight in legal determinations.

Contention

Key points of contention revolve around the appropriateness of expanding the state prosecuting attorney’s jurisdiction and the implications for local legal practices. Critics emphasize that allowing a state-appointed prosecutor to engage in local legal matters could diminish the voices of local constituents in justice processes. Furthermore, the requirement for funding before the bill takes effect raises questions about its viability and the political negotiations surrounding state budget appropriations. The debate on SB 1927 ultimately reveals tensions between enforcing statutory laws uniformly and preserving the autonomy of local jurisdictions.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 42. State Prosecuting Attorney
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB480

Relating to retaining a reserve investigator by a prosecuting attorney.

TX HB4109

Relating to the collection of money by certain prosecuting attorneys.

TX HB277

Relating to capital murder of a prosecuting attorney or an assistant prosecuting attorney.

TX HB1845

Relating to capital murder of a prosecuting attorney or an assistant prosecuting attorney.

TX HB17

Relating to official misconduct by and removal of prosecuting attorneys.

TX HB1325

Relating to transfer of students who are children of certain judges, prosecuting attorneys, and servicemembers.

Similar Bills

IN HB1217

Prosecuting attorneys.

IN HB1006

Prosecutors.

TX HB200

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX SB404

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB1732

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

MS HB101

Giglio letter; require prosecutors to give law enforcement officers an opportunity to be heard before sending.

MS SB2329

Giglio letter; require prosecutors to give law enforcement officers an opportunity to be heard before sending.

TX HB12

Relating to the border prosecution unit.