Texas 2023 - 88th Regular

Texas House Bill HB200

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

Impact

The bill introduces significant amendments to the Government Code, particularly concerning the powers and duties of the newly reestablished council. The council will have the authority to accept complaints, conduct investigations, hold hearings, and issue reprimands or petitions for removal of prosecuting attorneys found guilty of misconduct or incompetency. This creates a formal process for addressing issues that may affect the integrity of the legal system and foster greater public trust in prosecutorial actions. Furthermore, it will provide a consistent statewide mechanism for evaluating the conduct of prosecuting attorneys, which had previously lacked robust oversight.

Summary

House Bill 200 aims to reestablish the Texas Prosecuting Attorneys Coordinating Council, which was previously active from 1977 to 1985. The purpose of this council is to investigate complaints regarding incompetency or misconduct amongst prosecuting attorneys across the state. By creating a formal mechanism for oversight, the bill seeks to enhance accountability among elected prosecutors, ensuring they adhere to the laws established by the legislature. This initiative comes in response to increasing concerns over prosecutorial conduct and the need for a structured system to address complaints effectively.

Sentiment

The overall sentiment surrounding HB 200 appears to be cautiously optimistic. Supporters, including various legislators and advocacy groups, view the bill as a necessary step towards enhanced accountability within the judicial system. They believe that the establishment of the council will help curb prosecutorial overreach and ensure that elected officials in this capacity are held to a high standard of professional conduct. However, there are also concerns voiced regarding the operational aspects of the council and the potential for political influence over its actions, raising questions about how impartial the oversight will be.

Contention

While there appears to be a general consensus on the importance of prosecutorial accountability, not all discussions around the bill are free of contention. Critics argue that the reestablishment of the council could intrude on the independence of prosecutors, between the need for state oversight and the discretion afforded to elected officials. Moreover, there are discussions about the adequacy of resources and the potential bureaucratic complications that such a council may introduce, complicating already challenging relationships within the legal system.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2. Firearm Suppressor Regulation
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB404

Identical Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB1732

Same As Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB1732

Same As Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

Similar Bills

TX HB1732

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX SB404

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB3997

Relating to prosecution of violations of the open meetings law and the open records law.

CA SB799

False claims: taxation.

TX HB3531

Relating to the disqualification of a prosecuting attorney or judge in a case investigated by the public integrity unit of the Texas Rangers.

TX SB648

Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.

IN HB1418

Employing an unauthorized alien.

UT SB0318

Prosecutorial Misconduct Amendments