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Texas House Bill HB200

Texas 2023 - 88th Regular

Texas House Bill HB200 Compare Versions

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11 88R3327 JTZ-D
22 By: Leach, et al. H.B. No. 200
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the reestablishment of the Prosecuting Attorneys
88 Coordinating Council.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle C, Title 2, Government Code, is amended
1111 by adding Chapter 47 to read as follows:
1212 CHAPTER 47. PROSECUTING ATTORNEYS COORDINATING COUNCIL
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 47.001. DEFINITIONS. In this chapter:
1515 (1) "Complaint" means a written communication
1616 submitted to the council by an individual residing in the
1717 jurisdiction of the prosecuting attorney to whom the complaint
1818 corresponds.
1919 (2) "Council" means the Prosecuting Attorneys
2020 Coordinating Council.
2121 (3) "Formal hearing" means a public evidentiary
2222 proceeding conducted before the council or by a special master.
2323 (4) "Formal proceeding" means any proceeding the
2424 council initiates following a formal hearing concerning the public
2525 reprimand, disqualification, or removal of a prosecuting attorney.
2626 (5) "Incompetence" means:
2727 (A) gross ignorance or neglect of an official
2828 duty;
2929 (B) a physical or mental defect which prohibits
3030 the prompt or proper discharge of official duties; or
3131 (C) failure to maintain the qualifications
3232 required by law for election to the office, including membership in
3333 good standing of the State Bar of Texas.
3434 (6) "Misconduct" means:
3535 (A) unlawful behavior prohibited by Chapter 39,
3636 Penal Code;
3737 (B) an act that is a felony;
3838 (C) an act that is a misdemeanor involving moral
3939 turpitude; or
4040 (D) wilful or persistent conduct inconsistent
4141 with the proper performance of official duties.
4242 (7) "Prosecuting attorney" means a district or county
4343 attorney described by Section 21, Article V, Texas Constitution.
4444 SUBCHAPTER B. PROSECUTING ATTORNEYS COORDINATING COUNCIL
4545 Sec. 47.101. COUNCIL MEMBERSHIP. (a) The council consists
4646 of seven members as follows:
4747 (1) one member appointed by the governor;
4848 (2) one member who is currently serving as a county
4949 sheriff or municipal police chief, appointed by the governor;
5050 (3) one member who is an incumbent judge of a court
5151 with criminal jurisdiction, appointed by the supreme court;
5252 (4) one member who is an elected county attorney;
5353 (5) one member who is an elected district attorney;
5454 (6) one member who represents the public and is not
5555 licensed to practice law, appointed by the speaker of the house; and
5656 (7) one member who represents the public and is not
5757 licensed to practice law, appointed by the lieutenant governor.
5858 (b) The supreme court shall establish the process for
5959 selecting the members described by Subsections (a)(4) and (5).
6060 (c) For purposes of this chapter, the duties of a council
6161 member are in addition to the duties required for any elected
6262 position held by the member, and membership on the council does not
6363 constitute dual officeholding.
6464 (d) A member of the council serves without compensation, but
6565 is entitled to reimbursement for expenses incurred in attending
6666 meetings or performing other council duties, as provided by the
6767 General Appropriations Act.
6868 Sec. 47.102. TERMS; VACANCIES. (a) The members of the
6969 council serve staggered six-year terms as determined by the supreme
7070 court.
7171 (b) If a vacancy occurs on the council, a replacement who
7272 meets the qualifications for the vacant position under Section
7373 47.101(a) shall be appointed to serve for the remainder of the term.
7474 Sec. 47.103. PRESIDING OFFICER. The member appointed by
7575 the governor under Section 47.101(a)(1) serves as presiding officer
7676 of the council. The presiding officer may vote on any matter before
7777 the council.
7878 SUBCHAPTER C. POWERS AND DUTIES
7979 Sec. 47.201. ADMINISTRATIVE ATTACHMENT; SUPPORT. (a) The
8080 council is an agency of the judicial branch of state government,
8181 administratively attached to the supreme court.
8282 (b) The supreme court shall provide administrative support
8383 services, including human resource, budgetary, accounting,
8484 purchasing, payroll, information technology, and legal support
8585 services, to the council as necessary to carry out the purposes of
8686 this chapter.
8787 Sec. 47.202. POWERS AND DUTIES OF COUNCIL. (a) The council
8888 shall:
8989 (1) review and resolve complaints involving
9090 incompetency and misconduct by prosecuting attorneys under this
9191 chapter;
9292 (2) provide notice to a prosecuting attorney who is
9393 the subject of an investigation by the council that:
9494 (A) specifies the matters under investigation
9595 and the complaint against the attorney; and
9696 (B) sets a date for a hearing or the taking of
9797 testimony for investigation purposes;
9898 (3) coordinate with statewide district and county
9999 attorneys associations to carry out the purposes of this chapter;
100100 and
101101 (4) annually report to the governor, legislature, and
102102 supreme court on or before December 1 on all council proceedings,
103103 funding and staffing needs, and any recommendations for legislation
104104 or rules necessary for effective criminal prosecutions.
105105 (b) The council may:
106106 (1) accept complaints that clearly allege facts of
107107 incompetency or misconduct by a prosecuting attorney;
108108 (2) initiate and conduct investigations for
109109 incompetency or misconduct by prosecuting attorneys;
110110 (3) hold formal hearings or formal proceedings on
111111 complaints against and investigations of prosecuting attorneys;
112112 (4) administer oaths;
113113 (5) issue subpoenas for the attendance of witnesses
114114 and to compel testimony and the production of books, records,
115115 papers, accounts, and documents relevant to any investigation or
116116 hearing;
117117 (6) order the deposition of any person be taken in
118118 accordance with the Texas Rules of Civil Procedure;
119119 (7) respond to a district court's request for
120120 recommendations on the appointment of an attorney to represent the
121121 council in disqualification proceedings under Section 47.301(b);
122122 and
123123 (8) enter into agreements with other public or private
124124 agencies, associations, or organizations to implement this
125125 chapter.
126126 (c) A council subpoena for the attendance of witnesses,
127127 testimony, or production of evidence is enforceable by contempt
128128 proceedings in a district court serving the county in which the
129129 prosecuting attorney under investigation resides.
130130 Sec. 47.203. PROHIBITED COMPLAINTS BY CONVICTED DEFENDANT
131131 AGAINST PROSECUTING ATTORNEY. A person convicted of a criminal
132132 offense may not file a complaint against a prosecuting attorney
133133 under this chapter if the criminal offense corresponds or is
134134 related to the complaint.
135135 Sec. 47.204. COUNCIL ACTION ON COMPLAINT AGAINST
136136 PROSECUTING ATTORNEY; PETITIONS FOR REMOVAL. (a) After examining
137137 the records and proceedings before the council on any complaint
138138 filed against a prosecuting attorney under this chapter, the
139139 council by majority vote may:
140140 (1) issue a public or private finding that the
141141 prosecuting attorney is not incompetent or has not committed any
142142 misconduct;
143143 (2) issue a public or private reprimand to the
144144 prosecuting attorney for deficient conduct of their duties which
145145 does not rise to the level of incompetence or misconduct;
146146 (3) request the supreme court to appoint a special
147147 master who shall, after appropriate hearings, submit to the council
148148 a report and recommendation on whether sufficient cause exists to
149149 remove the prosecuting attorney under this chapter; or
150150 (4) file a petition for removal of the prosecuting
151151 attorney.
152152 (b) A petition for removal by the council must:
153153 (1) be filed in the name of the State of Texas in the
154154 district court of the county in which the prosecuting attorney
155155 resides and docketed on the civil docket; and
156156 (2) contain allegations of incompetency or misconduct
157157 and the facts on which the allegations are based.
158158 (c) The trial on a petition for removal shall proceed in
159159 accordance with the Texas Rules of Civil Procedure.
160160 (d) All proceedings and records before the council or a
161161 special master requested by the council are confidential and
162162 privileged until:
163163 (1) the proceedings and records are introduced in
164164 evidence in any proceeding for removal; or
165165 (2) the council issues a public reprimand.
166166 Sec. 47.205. RULES. The council shall adopt rules as
167167 necessary to administer and enforce this chapter.
168168 SUBCHAPTER D. DISQUALIFICATION, SUSPENSION, OR REMOVAL OF
169169 PROSECUTING ATTORNEY
170170 Sec. 47.301. DISQUALIFICATION, SUSPENSION, OR REMOVAL OF
171171 PROSECUTING ATTORNEY. (a) A prosecuting attorney may be
172172 disqualified, suspended, or removed from office in accordance with
173173 this chapter.
174174 (b) When a petition for removal is filed under this chapter,
175175 the judge of the court in which the petition is filed shall request
176176 the appointment of a special judge to hear the case. On
177177 appointment, the special judge shall appoint an attorney
178178 representing the council to prosecute the case. The special judge
179179 must select the attorney from a list of not fewer than five
180180 qualified attorneys submitted by the council.
181181 (c) A prosecuting attorney is disqualified from performing
182182 the duties and functions or exercising the privileges of the
183183 attorney's office if the council has filed a petition for removal of
184184 the attorney from office under this chapter and remains
185185 disqualified while the petition is pending before a district court.
186186 (d) A prosecuting attorney is suspended from office if the
187187 attorney has:
188188 (1) been disbarred or suspended from the practice of
189189 law in this state through trial or on agreement;
190190 (2) been found guilty in a court of competent
191191 jurisdiction of a misdemeanor involving moral turpitude or any
192192 felony; or
193193 (3) been found incompetent, or to have committed
194194 misconduct, following a trial on the merits of a petition for
195195 removal.
196196 (e) On final adjudication or conviction of a prosecuting
197197 attorney suspended from office under Subsection (d) for any cause
198198 of action on which the attorney's suspension was based, the court
199199 shall order the attorney removed from office.
200200 Sec. 47.302. PROSECUTING ATTORNEY PRO TEM. (a) On
201201 disqualification or suspension of a prosecuting attorney, the
202202 duties of that attorney's office shall be performed by a
203203 prosecuting attorney pro tem, who shall exercise all the powers and
204204 duties of a prosecuting attorney.
205205 (b) The prosecuting attorney pro tem shall be appointed by
206206 the council, and shall serve until:
207207 (1) the disqualification or suspension of the
208208 prosecuting attorney is lifted; or
209209 (2) a successor to a removed prosecuting attorney has
210210 been appointed under Section 21, Article V, Texas Constitution, or
211211 Section 87.017, Local Government Code.
212212 Sec. 47.303. EFFECTS OF DISQUALIFICATION, SUSPENSION, OR
213213 REMOVAL. (a) During a period of disqualification, a prosecuting
214214 attorney is entitled to receive the compensation provided by law
215215 for that office, but is disqualified from performing any official
216216 duties imposed on the attorney's office by law or exercising any
217217 privilege incident to that office.
218218 (b) During a period of suspension, a prosecuting attorney:
219219 (1) is not entitled to any compensation provided by
220220 law for that office; and
221221 (2) is disqualified from performing any official
222222 duties imposed on that office by law or exercising any privilege
223223 incident to that office.
224224 (c) If a court judgment suspending or removing a prosecuting
225225 attorney is reversed or vacated and when the reversing or vacating
226226 judgment becomes final, the prosecuting attorney is entitled to the
227227 compensation provided by law for that office from the date the
228228 attorney was suspended or removed from office to the last day of the
229229 term to which the attorney was elected or appointed to that office.
230230 SECTION 2. (a) Not later than November 1, 2023, the Supreme
231231 Court of Texas shall establish the process to select the members of
232232 the Prosecuting Attorneys Coordinating Council in accordance with
233233 Chapter 47, Government Code, as added by this Act.
234234 (b) Not later than January 1, 2024, the appointing officials
235235 shall appoint the members of the Prosecuting Attorneys Coordinating
236236 Council in accordance with Chapter 47, Government Code, as added by
237237 this Act.
238238 SECTION 3. Not later than April 1, 2024, the Prosecuting
239239 Attorneys Coordinating Council shall adopt the rules necessary to
240240 implement Chapter 47, Government Code, as added by this Act.
241241 SECTION 4. This Act takes effect September 1, 2023.