Texas 2019 - 86th Regular

Texas House Bill HB3531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3531
	1	+	By: Shine (Senate Sponsor - Buckingham) H.B. No. 3531
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3531 By: Hall
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the disqualification of a prosecuting attorney or judge
6	14		in a case investigated by the public integrity unit of the Texas
7	15		Rangers.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. The heading to Section 411.0255, Government
10	18		Code, is amended to read as follows:
11	19		Sec. 411.0255. DISQUALIFICATION [RECUSAL] OF PROSECUTING
12	20		ATTORNEY OR JUDGE; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING
13	21		JUDGE OF ADMINISTRATIVE JUDICIAL REGION.
14	22		SECTION 2. Section 411.0255, Government Code, is amended by
15	23		amending Subsections (a) and (c) and adding Subsections (b-1),
16	24		(b-2), (b-3), (b-4), and (c-1) to read as follows:
17	25		(a) In this section, "presiding judges" means the presiding
18	26		judges of the administrative judicial regions.
19	27		(b-1) The judge of a court with jurisdiction over a
20	28		complaint may request that the presiding judges permit the judge to
21	29		recuse himself or herself for good cause in a case investigated
22	30		under this subchapter, and on submitting the notice of recusal, the
23	31		judge is disqualified.
24	32		(b-2) The public integrity unit shall inform the judge of
25	33		the court with jurisdiction over a complaint if the prosecuting
26	34		attorney is disqualified for purposes of Article 2.07, Code of
27	35		Criminal Procedure, because the prosecuting attorney is the subject
28	36		of a criminal investigation under this subchapter based on credible
29	37		evidence of criminal misconduct. On showing that the prosecuting
30	38		attorney is the subject of the investigation, the judge shall order
31	39		the prosecuting attorney disqualified under Article 2.08, Code of
32	40		Criminal Procedure.
33	41		(b-3) If the judge of the court with jurisdiction over a
34	42		complaint described by Subsection (b-2) is also disqualified, the
35	43		public integrity unit shall inform the presiding judges of the
36	44		prosecuting attorney's disqualification under that subsection.
37	45		(b-4) The public integrity unit shall inform the presiding
38	46		judges if a judge of a court with jurisdiction over a complaint is
39	47		disqualified because the judge is the subject of a criminal
40	48		investigation under this subchapter based on credible evidence of
41	49		criminal misconduct. On showing that the judge is the subject of
42	50		the investigation, the presiding judges shall order the judge
43	51		disqualified. Disqualification under this subsection applies only
44	52		to the judge's access to the criminal investigation pending against
45	53		the judge and to any prosecution of a criminal charge resulting from
46	54		that investigation.
47	55		(c) Following the disqualification or recusal of a
48	56		prosecuting attorney under this section [Subsection (b)], the
49	57		presiding judges shall appoint a prosecuting attorney from another
50	58		county in that administrative judicial region by majority vote. A
51	59		prosecuting attorney selected under this subsection has the
52	60		authority to represent the state in the prosecution of the offense.
53	61		(c-1) Following the disqualification of a judge of a court
54	62		with jurisdiction over a complaint under this section, the
55	63		presiding judges by majority vote shall appoint a judge from a
56	64		county within the administrative judicial region. A judge selected
57	65		under this subsection has jurisdiction over the complaint.
58	66		SECTION 3. The change in law made by this Act to Section
59	67		411.0255, Government Code, applies to a case investigated by the
60	68		public integrity unit of the Texas Rangers initiated or pending
61	69		before a court on or after the effective date of this Act.
62	70		SECTION 4. This Act takes effect immediately if it receives
63	71		a vote of two-thirds of all the members elected to each house, as
64	72		provided by Section 39, Article III, Texas Constitution. If this
65	73		Act does not receive the vote necessary for immediate effect, this
66	74		Act takes effect September 1, 2019.
67		-	______________________________ ______________________________
68		-	President of the Senate Speaker of the House
69		-	I certify that H.B. No. 3531 was passed by the House on May 3,
70		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
71		-	voting; and that the House concurred in Senate amendments to H.B.
72		-	No. 3531 on May 24, 2019, by the following vote: Yeas 141, Nays 0,
73		-	2 present, not voting.
74		-	______________________________
75		-	Chief Clerk of the House
76		-	I certify that H.B. No. 3531 was passed by the Senate, with
77		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
78		-	0.
79		-	______________________________
80		-	Secretary of the Senate
81		-	APPROVED: __________________
82		-	Date
83		-	__________________
84		-	Governor
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