Relating to certain state attorneys called into active duty military service.
Impact
The bill amends the Government Code by introducing Section 41.015, which explicitly provides that active duty state attorneys are excused from courtroom appearances so long as they follow the delegation protocol specified in the bill. This change is aimed at ensuring that military service does not lead to penalties regarding their roles, such as being marked absent or risking salary deductions for non-attendance at court sessions. Such modifications can have a profound impact on both the legal system and the individuals serving at the intersection of law and military duties, potentially improving morale among those balancing these responsibilities.
Summary
House Bill 2122 addresses the specific needs of state attorneys who are called into active military service. The bill establishes that an attorney, such as a district attorney, criminal district attorney, or county attorney, will not be considered absent from office or forfeit their position while on active duty if they properly delegate their responsibilities to another attorney. This is a significant recognition of the challenges faced by attorneys serving in the military and acknowledges the importance of continuity in legal representation during their absence.
Contention
While the bill seems to provide necessary protections and accommodations for state attorneys, it may not come without contention. Discussions surrounding similar bills often involve larger debates on the implications of military service on civilian obligations, as well as the delicate balance of ensuring legal frameworks properly accommodate military duties without unintentionally diminishing the accountability of public officials. However, no notable points of contention have been highlighted in the provided documents, suggesting general support for the bill's intent.
Relating to the powers and duties of the Health and Human Services Commission and the transfer to the commission of certain powers and duties from the Department of Family and Protective Services.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.