86R10600 TSS-F
By: Shine H.B. No. 3531
A BILL TO BE ENTITLED
AN ACT
relating to the disqualification of a prosecuting attorney or judge
in a case investigated by the public integrity unit of the Texas
Rangers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.0255, Government
Code, is amended to read as follows:
Sec. 411.0255. DISQUALIFICATION [RECUSAL] OF PROSECUTING
ATTORNEY OR JUDGE; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING
JUDGE OF ADMINISTRATIVE JUDICIAL REGION.
SECTION 2. Section 411.0255, Government Code, is amended by
amending Subsections (a) and (c) and adding Subsections (b-1),
(b-2), (b-3), (b-4), and (c-1) to read as follows:
(a) In this section, "presiding judges" means the presiding
judges of the administrative judicial regions.
(b-1) The judge of a court with jurisdiction over a
complaint may request that the presiding judges permit the judge to
recuse himself or herself for good cause in a case investigated
under this subchapter, and on submitting the notice of recusal, the
judge is disqualified.
(b-2) The public integrity unit shall inform the judge of
the court with jurisdiction over a complaint if the prosecuting
attorney is disqualified for purposes of Article 2.07, Code of
Criminal Procedure, because the prosecuting attorney is the subject
of a criminal investigation under this subchapter based on credible
evidence of criminal misconduct. On showing that the prosecuting
attorney is the subject of the investigation, the judge shall order
the prosecuting attorney disqualified under Article 2.08, Code of
Criminal Procedure.
(b-3) If the judge of the court with jurisdiction over a
complaint described by Subsection (b-2) is also disqualified, the
public integrity unit shall inform the presiding judges of the
prosecuting attorney's disqualification under that subsection.
(b-4) The public integrity unit shall inform the presiding
judges if a judge of a court with jurisdiction over a complaint is
disqualified because the judge is the subject of a criminal
investigation under this subchapter based on credible evidence of
criminal misconduct. On showing that the judge is the subject of
the investigation, the presiding judges shall order the judge
disqualified. Disqualification under this subsection applies only
to the judge's access to the criminal investigation pending against
the judge and to any prosecution of a criminal charge resulting from
that investigation.
(c) Following the disqualification [recusal] of a
prosecuting attorney under this section [Subsection (b)], the
presiding judges shall appoint a prosecuting attorney from another
county in that administrative judicial region by majority vote. A
prosecuting attorney selected under this subsection has the
authority to represent the state in the prosecution of the offense.
(c-1) Following the disqualification of a judge of a court
with jurisdiction over a complaint under this section, the
presiding judges by majority vote shall appoint a judge from a
county within the administrative judicial region. A judge selected
under this subsection has jurisdiction over the complaint.
SECTION 3. The change in law made by this Act to Section
411.0255, Government Code, applies to a case investigated by the
public integrity unit of the Texas Rangers initiated or pending
before a court on or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.