Texas 2025 - 89th Regular

Texas Senate Bill SB1367 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R13419 BCH-F
1	2		By: Hughes S.B. No. 1367
2		-	(In the Senate - Filed February 18, 2025; March 6, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	May 5, 2025, reported favorably by the following vote: Yeas 9,
5		-	Nays 1; May 5, 2025, sent to printer.)
6		-	Click here to see the committee vote
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11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to the appointment, duties, and removal of the state
14	10		prosecuting attorney.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. The heading to Section 42.001, Government Code,
17	13		is amended to read as follows:
18	14		Sec. 42.001. OFFICE; DUTIES; QUALIFICATIONS.
19	15		SECTION 2. Section 42.001, Government Code, is amended by
20	16		amending Subsection (a) and adding Subsection (a-1) to read as
21	17		follows:
22	18		(a) The supreme court [of criminal appeals] shall appoint a
23	19		state prosecuting attorney.
24	20		(a-1) The state prosecuting attorney:
25	21		(1) shall [to] represent the state in all proceedings
26	22		before the court of criminal appeals;
27	23		(2) [. The state prosecuting attorney] may [also]
28	24		represent the state in any stage of a criminal case before a state
29	25		court of appeals if the attorney [he] considers it necessary for the
30	26		interest of the state; and
31	27		(3) may exercise concurrent jurisdiction to represent
32	28		the state in the district and inferior courts in this state in a
33	29		criminal case in which the criminal conduct alleged relates to a
34	30		violation of this state's election laws.
35	31		SECTION 3. Section 42.004, Government Code, is amended to
36	32		read as follows:
37	33		Sec. 42.004. REMOVAL. The supreme court [of criminal
38	34		appeals] may remove state prosecuting attorneys from office for
39	35		good cause.
40	36		SECTION 4. The changes in law made by this Act apply only to
41	37		a state prosecuting attorney who is appointed on or after the
42	38		effective date of this Act. A state prosecuting attorney appointed
43	39		before the effective date of this Act continues to serve for the
44	40		term to which the state prosecuting attorney was appointed unless
45	41		otherwise removed as provided by law.
46	42		SECTION 5. (a) Notwithstanding any other section of this
47	43		Act, in a state fiscal year, the state prosecuting attorney is not
48	44		required to implement a mandatory provision in another section of
49	45		this Act imposing a duty on the state prosecuting attorney to take
50	46		an action unless money is specifically appropriated to the state
51	47		prosecuting attorney for that fiscal year to carry out that duty.
52	48		The state prosecuting attorney may implement the provision in that
53	49		fiscal year to the extent other funding is available to the state
54	50		prosecuting attorney for the implementation.
55	51		(b) If, as authorized by Subsection (a) of this section, the
56	52		state prosecuting attorney does not implement the mandatory
57	53		provision in a state fiscal year, the state prosecuting attorney,
58	54		in the state prosecuting attorney's legislative budget request for
59	55		the next state fiscal biennium, shall certify that fact to the
60	56		Legislative Budget Board and include a written estimate of the
61	57		costs of implementing the provision in each year of that next state
62	58		fiscal biennium.
63	59		(c) This section expires and any duty suspended by
64	60		Subsection (a) of this section becomes mandatory on September 1,
65	61		2029.
66	62		SECTION 6. This Act takes effect September 1, 2025.
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