88R23418 TSS-D
By: Ortega H.B. No. 3675
Substitute the following for H.B. No. 3675:
By: Flores C.S.H.B. No. 3675
A BILL TO BE ENTITLED
AN ACT
relating to required management training for and proceedings for
removal of certain prosecuting attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Government Code, is
amended by adding Section 41.016 to read as follows:
Sec. 41.016. TRAINING FOR CERTAIN PROSECUTORS. (a) A
district attorney or criminal district attorney who is elected or
appointed to serve a judicial district that includes a county with a
population of more than 850,000 shall complete, either in person or
online, a 10-hour training course on management responsibility,
resources, and methods not later than the first anniversary of the
date the attorney was first elected or appointed.
(b) The State Bar of Texas shall credit a district attorney
or criminal district attorney who completes a course under this
section with 10 continuing legal education hours.
(c) A district attorney or criminal district attorney who
fails to complete the training required by this section is
incompetent for purposes of removal under Chapter 87, Local
Government Code.
SECTION 2. Subchapter B, Chapter 87, Local Government Code,
is amended by adding Section 87.0171 to read as follows:
Sec. 87.0171. MANDATORY DISMISSAL IN CERTAIN CASES. The
district judge adjudicating a petition for removal of a district
attorney in which the only alleged cause for removal is a violation
of Section 41.016, Government Code, shall dismiss the case if the
district attorney completes the training required by that section
not later than the 30th day after the date the petition is filed
under Section 87.015.
SECTION 3. (a) Except as provided by Subsection (b),
Section 41.016, Government Code, as added by this Act, applies only
to a district attorney or criminal district attorney who is first
elected or appointed on or after the effective date of this Act.
(b) A district attorney or criminal district attorney who on
the effective date of this Act serves a judicial district that
includes a county with a population of more than 850,000 shall
complete the training required by Section 41.016, Government Code,
as added by this Act, not later than September 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.