By: Hughes S.B. No. 1927
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the state prosecuting attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.001(a), Government Code, is amended
to read as follows:
Sec. 42.001. OFFICE; QUALIFICATIONS. (a) The supreme
court [court of criminal appeals] shall appoint a state prosecuting
attorney to represent the state in all proceedings before the
court. The state prosecuting attorney may also represent the state
in any stage of a criminal case before a state court of appeals if he
considers it necessary for the interest of the state.
SECTION 2. Section 42.004, Government Code, is amended to
read as follows:
Sec. 42.004. REMOVAL. The supreme court [court of criminal
appeals] may remove state prosecuting attorneys from office for
good cause.
SECTION 3. The heading to Section 42.005, Government Code,
is amended to read as follows:
Sec. 42.005. CONCURRENT JURISDICTION AND COOPERATION WITH
OTHER PROSECUTING ATTORNEYS.
SECTION 4. Section 42.005, Government Code, is amended by
adding subsection (c) to read as follows:
(c) The state prosecuting attorney shall have 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) a violation of Chapter 170 or 171, Health and Safety
Code; or
(3) an offense under Chapter 20A, 36, or 39, Penal Code.
SECTION 5. This Act takes effect September 1, 2023.