Texas 2025 - 89th Regular

Texas House Bill HB4717 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9885 AMF-D
2	2	By: Schofield H.B. No. 4717
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the office of state special prosecutor.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 2, Government Code, is amended
12	12	by adding Chapter 42A to read as follows:
13	13	CHAPTER 42A. STATE SPECIAL PROSECUTOR
14	14	Sec. 42A.001. OFFICE. The supreme court shall appoint a
15	15	state special prosecutor with concurrent jurisdiction to represent
16	16	the state in the district and inferior courts in this state in a
17	17	criminal case in which the criminal conduct alleged relates to:
18	18	(1) a violation of this state's election laws;
19	19	(2) human trafficking or the smuggling of persons or
20	20	of items known to be acquired or possessed in violation of the laws
21	21	of any state or of the United States;
22	22	(3) an offense under Section 557.001;
23	23	(4) a violation of this state's abortion laws,
24	24	including Chapters 170 and 171, Health and Safety Code, and Chapter
25	25	6-1/2, Title 71, Revised Statutes;
26	26	(5) a violation of Chapter 481, Health and Safety
27	27	Code;
28	28	(6) an offense under Title 8, Penal Code; or
29	29	(7) an offense under Section 42.02, Penal Code.
30	30	Sec. 42A.002. OATH; TERM. (a) The state special prosecutor
31	31	shall take the oath required of state officials.
32	32	(b) The state special prosecutor serves a four-year term and
33	33	continues to serve until a successor is appointed and has
34	34	qualified.
35	35	Sec. 42A.003. ASSISTANT STATE SPECIAL PROSECUTORS. (a)
36	36	The state special prosecutor may appoint one or more assistant
37	37	state special prosecutors. An assistant state special prosecutor
38	38	has the same duties and serves the same term of office as the state
39	39	special prosecutor.
40	40	(b) The state special prosecutor may appoint a first
41	41	assistant state special prosecutor to perform the duties and
42	42	assignments of the state special prosecutor and act as the state
43	43	special prosecutor when the state special prosecutor is absent or
44	44	otherwise unable to act.
45	45	(c) The state special prosecutor may appoint a person
46	46	serving as an assistant attorney general as an assistant state
47	47	special prosecutor. An assistant attorney general appointed under
48	48	this subsection may maintain the assistant attorney general's
49	49	employment with the attorney general while serving as an assistant
50	50	state special prosecutor.
51	51	Sec. 42A.004. VACANCY. (a) If a vacancy occurs in the
52	52	position of state special prosecutor, not more than 90 days after
53	53	the date the vacancy occurs the supreme court shall appoint a
54	54	successor to fill the office for the remainder of the unexpired
55	55	term.
56	56	(b) If the supreme court fails to appoint a successor to
57	57	fill a vacancy under Subsection (a), the governor may appoint, with
58	58	the advice and consent of the senate, a state special prosecutor to
59	59	fill the office for the remainder of the unexpired term.
60	60	Sec. 42A.005. STAFF. The attorney general and state
61	61	special prosecutor may enter into a memorandum of understanding for
62	62	the provision of staff or other resources to assist the special
63	63	prosecutor in fulfilling the duties of the special prosecutor's
64	64	office.
65	65	Sec. 42A.006. REMOVAL. The supreme court may remove a state
66	66	special prosecutor from office for good cause.
67	67	SECTION 2. Section 46.001, Government Code, is amended by
68	68	adding Subdivision (5) to read as follows:
69	69	(5) "State special prosecutor" means the state special
70	70	prosecutor appointed under Chapter 42A.
71	71	SECTION 3. Section 46.002, Government Code, is amended to
72	72	read as follows:
73	73	Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
74	74	applies to the state prosecuting attorney, all county prosecutors,
75	75	and the following state prosecutors:
76	76	(1) the district attorneys for Kenedy and Kleberg
77	77	Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
78	78	26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
79	79	42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
80	80	66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
81	81	97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
82	82	123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
83	83	198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
84	84	268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
85	85	452nd, and 506th judicial districts;
86	86	(1-a) the state special prosecutor;
87	87	(2) the criminal district attorneys for the counties
88	88	of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
89	89	Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
90	90	Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
91	91	Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
92	92	Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
93	93	Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
94	94	Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
95	95	(3) the county attorneys performing the duties of
96	96	district attorneys in the counties of Andrews, Aransas, Burleson,
97	97	Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
98	98	Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
99	99	Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
100	100	Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
101	101	Willacy.
102	102	SECTION 4. Sections 46.003(a) and (a-1), Government Code,
103	103	are amended to read as follows:
104	104	(a) The state prosecuting attorney, the state special
105	105	prosecutor, and each state prosecutor is entitled to receive from
106	106	the state:
107	107	(1) a salary in an amount equal to the state annual
108	108	salary as set by the General Appropriations Act in accordance with
109	109	Section 659.012 paid to a district judge with comparable years of
110	110	service as the state prosecuting attorney, state special
111	111	prosecutor, or state prosecutor; and
112	112	(2) a monthly amount of longevity pay based on the
113	113	state prosecuting attorney's, state special prosecutor's, or state
114	114	prosecutor's years of service that would be paid to the state
115	115	prosecuting attorney, state special prosecutor, or state
116	116	prosecutor under Section 659.0445 if the state prosecuting
117	117	attorney, state special prosecutor, or state prosecutor were a
118	118	judge or justice described by Section 659.0445(a).
119	119	(a-1) For purposes of this section, the years of service of
120	120	the state prosecuting attorney, state special prosecutor, or a
121	121	state prosecutor include any years of service as:
122	122	(1) a county attorney; or
123	123	(2) an appellate court justice, district judge, judge
124	124	of a statutory county court, judge of a multicounty statutory
125	125	county court, or judge or justice of a statutory probate court.
126	126	SECTION 5. Section 46.004, Government Code, is amended to
127	127	read as follows:
128	128	Sec. 46.004. EXPENSES. (a) The state prosecuting
129	129	attorney, the state special prosecutor, and each state prosecutor
130	130	is entitled to receive not less than $22,500 a year from the state
131	131	to be used by the attorney or prosecutor to help defray the salaries
132	132	and expenses of the office. That money may not be used to
133	133	supplement the attorney's or prosecutor's salary.
134	134	(b) The state prosecuting attorney, the state special
135	135	prosecutor, and each state prosecutor shall submit annually to the
136	136	comptroller of public accounts a sworn account showing how this
137	137	money was spent during the year.
138	138	SECTION 6. Sections 46.005(a) and (b), Government Code, are
139	139	amended to read as follows:
140	140	(a) The state prosecuting attorney, the state special
141	141	prosecutor, or a state prosecutor may not engage in the private
142	142	practice of law but may complete all civil cases that are not in
143	143	conflict with the interest of the state or any of the counties of
144	144	the district in which the attorney or prosecutor serves and that are
145	145	pending in court before the attorney or prosecutor takes office.
146	146	(b) The state prosecuting attorney, the state special
147	147	prosecutor, or a state prosecutor may not accept a fee from an
148	148	attorney to whom the state prosecuting attorney, state special
149	149	prosecutor, or state prosecutor has referred a case.
150	150	SECTION 7. The office of the state special prosecutor is
151	151	created January 1, 2026.
152	152	SECTION 8. This Act takes effect January 1, 2026.