Texas 2025 - 89th Regular

Texas House Bill HB917

Filed
11/12/24  
Out of House Committee
4/3/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a district or county attorney participating as counsel in certain proceedings.

Impact

The implementation of HB 917 is expected to have significant implications for how district and county attorneys conduct their professional duties. The bill restricts attorneys from switching sides in cases that they have previously been involved in for the state, thus promoting fair legal practices. This addresses potential conflicts of interest where a prosecutor could undermine the state's position by later representing defendants against it. The bill is designed to enhance procedural fairness within the state's legal framework and bolster the ethical standards expected of public attorneys.

Summary

House Bill 917 is focused on the participation of district and county attorneys as counsel in certain legal proceedings. The primary change proposed by this bill is to amend Article 2A.105(b) of the Code of Criminal Procedure, which restricts district and county attorneys from representing clients in adversarial capacities against the state. This change aims to clarify the ethical boundaries for attorneys serving in these roles, ensuring that they cannot represent conflicting interests in cases where they have previously acted on behalf of the state. Such measures are intended to uphold the integrity of legal proceedings and maintain public trust in legal processes involving prosecutorial roles.

Sentiment

The sentiment surrounding HB 917 appears to be generally supportive, particularly among legal professionals who recognize the necessity of clear ethical guidelines. Advocates argue that the measure will strengthen the rule of law and ensure that district and county attorneys remain committed to their roles without conflicts of interest. However, there may be minor concerns among attorneys about the restrictions on their future employment possibilities; nonetheless, the overarching perspective within legal circles remains favorable as it prioritizes integrity in prosecutorial duties.

Contention

One of the notable points of contention regarding HB 917 is the balance between ethical standards and career mobility for attorneys who have served as district or county prosecutors. Critics may argue that such restrictions could impact attorneys’ abilities to transition into private practice or different legal roles after serving in a public capacity. Nevertheless, supporters counter that the long-term benefits to the justice system and public confidence outweigh these concerns. As with many legal reforms, the discussions emphasize the need for a delicate balance between professional ethics and practical considerations in the legal field.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 2. General Duties Of Officers
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB1457

Identical Relating to a district or county attorney participating as counsel in certain proceedings.

Similar Bills

No similar bills found.