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