By: Williams S.B. No. 1285
(Otto)
A BILL TO BE ENTITLED
AN ACT
relating to the operation of the special prosecution unit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.303, Government Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) The unit is governed by a board of directors composed of
each prosecuting attorney who:
(1) represents the state in criminal matters before a
court in a county in which one or more facilities owned or operated
by or under contract with the department or the commission are
located; and
(2) has entered into a memorandum of understanding
with the unit for the prosecution of offenses and delinquent
conduct described by Article 104.003(a), Code of Criminal
Procedure.
(c) The board of directors shall meet annually for the
purpose of electing the executive board and approving or amending
bylaws governing the unit.
(d) A majority of the members of the board of directors
constitutes a quorum for the transaction of business. The board of
directors must approve any action by a majority vote of the members
present.
SECTION 2. Section 41.304, Government Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) If a vacancy on the executive board occurs before the
end of the vacating member's term, the executive board [of
directors] shall elect a person to serve the remainder of the
[vacating member's] term [in the manner provided by Subsection
(a)]. To be eligible for election under this subsection, a person
must meet any qualifications required of the vacating member for
service on the executive board.
(c) The executive board shall conduct the business of the
unit.
(d) A majority of the members of the executive board
constitutes a quorum for the transaction of business. The
executive board must approve any action by a majority vote of the
members present.
SECTION 3. Subsection (d), Section 41.305, Government Code,
is amended to read as follows:
(d) If a vacancy occurs in the office of presiding officer
or assistant presiding officer before the end of the vacating
officer's term, the executive board [of directors] shall elect a
person to serve the remainder of the [vacating officer's] term [in
the manner provided by Subsection (a)].
SECTION 4. Section 41.308, Government Code, is amended to
read as follows:
Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL
EMPLOYEES. The executive board [of directors], on a majority vote,
shall employ a person to serve as chief of the unit and additional
persons to accomplish the unit's purposes. The board of directors
may determine the compensation of the unit's employees.
SECTION 5. This Act takes effect September 1, 2013.