Texas 2023 - 88th Regular

Texas House Bill HB4026 Compare Versions

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1	1	88R10609 AMF-D
2	2	By: Schofield H.B. No. 4026
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the office of state special prosecutor.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 2, Government Code, is amended
10	10	by adding Chapter 42A to read as follows:
11	11	CHAPTER 42A. STATE SPECIAL PROSECUTOR
12	12	Sec. 42A.001. OFFICE. The supreme court shall appoint a
13	13	state special prosecutor with concurrent jurisdiction to represent
14	14	the state in the district and inferior courts in this state in a
15	15	criminal case in which the criminal conduct alleged relates to:
16	16	(1) a violation of this state's election laws;
17	17	(2) human trafficking or the smuggling of persons or
18	18	of items known to be acquired or possessed in violation of the laws
19	19	of any state or of the United States;
20	20	(3) a violation of this state's abortion laws,
21	21	including Chapters 170 and 171, Health and Safety Code, and Chapter
22	22	6-1/2, Title 71, Revised Statutes;
23	23	(4) a violation of Chapter 481, Health and Safety
24	24	Code; or
25	25	(5) an offense under Title 8, Penal Code.
26	26	Sec. 42A.002. OATH; TERM. (a) The state special prosecutor
27	27	shall take the oath required of state officials.
28	28	(b) The state special prosecutor serves a four-year term and
29	29	continues to serve until a successor is appointed and has
30	30	qualified.
31	31	Sec. 42A.003. ASSISTANT STATE SPECIAL PROSECUTORS. (a)
32	32	The state special prosecutor may appoint one or more assistant
33	33	state special prosecutors. An assistant state special prosecutor
34	34	has the same duties and serves the same term of office as the state
35	35	special prosecutor.
36	36	(b) The state special prosecutor may appoint a first
37	37	assistant state special prosecutor to perform the duties and
38	38	assignments of the state special prosecutor and act as the state
39	39	special prosecutor when the state special prosecutor is absent or
40	40	otherwise unable to act.
41	41	(c) The state special prosecutor may appoint a person
42	42	serving as an assistant attorney general as an assistant state
43	43	special prosecutor. An assistant attorney general appointed under
44	44	this subsection may maintain the assistant attorney general's
45	45	employment with the attorney general while serving as an assistant
46	46	state special prosecutor.
47	47	Sec. 42A.004. VACANCY. (a) If a vacancy occurs in the
48	48	position of state special prosecutor, the supreme court shall
49	49	appoint a successor to fill the office for the remainder of the
50	50	unexpired term not more than 90 days after the date the vacancy
51	51	occurs.
52	52	(b) If the supreme court fails to appoint a successor to
53	53	fill a vacancy under Subsection (a), the governor may appoint, with
54	54	the advice and consent of the senate, a state special prosecutor to
55	55	fill the office for the remainder of the unexpired term.
56	56	Sec. 42A.005. STAFF. The attorney general and state
57	57	special prosecutor may enter into a memorandum of understanding for
58	58	the provision of staff or other resources to assist the special
59	59	prosecutor in fulfilling the duties of the special prosecutor's
60	60	office.
61	61	Sec. 42A.006. REMOVAL. The supreme court may remove a state
62	62	special prosecutor from office for good cause.
63	63	SECTION 2. Section 46.001, Government Code, is amended by
64	64	adding Subdivision (5) to read as follows:
65	65	(5) "State special prosecutor" means the state special
66	66	prosecutor appointed under Chapter 42A.
67	67	SECTION 3. Section 46.002, Government Code, is amended to
68	68	read as follows:
69	69	Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
70	70	applies to the state prosecuting attorney, all county prosecutors,
71	71	and the following state prosecutors:
72	72	(1) the district attorneys for Kenedy and Kleberg
73	73	Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
74	74	26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
75	75	42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
76	76	66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
77	77	97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
78	78	123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
79	79	198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
80	80	268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
81	81	452nd, and 506th judicial districts;
82	82	(1-a) the state special prosecutor;
83	83	(2) the criminal district attorneys for the counties
84	84	of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
85	85	Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
86	86	Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
87	87	Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
88	88	Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
89	89	Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
90	90	Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
91	91	(3) the county attorneys performing the duties of
92	92	district attorneys in the counties of Andrews, Aransas, Burleson,
93	93	Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
94	94	Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
95	95	Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
96	96	Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
97	97	Willacy.
98	98	SECTION 4. Section 46.003(a), Government Code, is amended
99	99	to read as follows:
100	100	(a) The state prosecuting attorney, the state special
101	101	prosecutor, and each state prosecutor is entitled to receive from
102	102	the state a salary in an amount equal to the state annual salary as
103	103	set by the General Appropriations Act in accordance with Section
104	104	659.012 paid to a district judge with comparable years of service as
105	105	the state prosecuting attorney, state special prosecutor, or state
106	106	prosecutor.
107	107	SECTION 5. Section 46.004, Government Code, is amended to
108	108	read as follows:
109	109	Sec. 46.004. EXPENSES. (a) The state prosecuting
110	110	attorney, the state special prosecutor, and each state prosecutor
111	111	is entitled to receive not less than $22,500 a year from the state
112	112	to be used by the attorney or prosecutor to help defray the salaries
113	113	and expenses of the office. That money may not be used to
114	114	supplement the attorney's or prosecutor's salary.
115	115	(b) The state prosecuting attorney, the state special
116	116	prosecutor, and each state prosecutor shall submit annually to the
117	117	comptroller of public accounts a sworn account showing how this
118	118	money was spent during the year.
119	119	SECTION 6. Sections 46.005(a) and (b), Government Code, are
120	120	amended to read as follows:
121	121	(a) The state prosecuting attorney, the state special
122	122	prosecutor, or a state prosecutor may not engage in the private
123	123	practice of law but may complete all civil cases that are not in
124	124	conflict with the interest of the state or any of the counties of
125	125	the district in which the attorney or prosecutor serves and that are
126	126	pending in court before the attorney or prosecutor takes office.
127	127	(b) The state prosecuting attorney, the state special
128	128	prosecutor, or a state prosecutor may not accept a fee from an
129	129	attorney to whom the state prosecuting attorney, state special
130	130	prosecutor, or state prosecutor has referred a case.
131	131	SECTION 7. The office of the state special prosecutor is
132	132	created January 1, 2024.
133	133	SECTION 8. This Act takes effect January 1, 2024.