SB1367 - Relating to the appointment, duties, and removal of the state prosecuting attorney.

      By: Hughes  S.B. No. 1367          (In the Senate - Filed February 18, 2025; March 6, 2025,   read first time and referred to Committee on State Affairs;   May 5, 2025, reported favorably by the following vote:  Yeas 9,   Nays 1; May 5, 2025, sent to printer.) Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the appointment, duties, and removal of the state   prosecuting attorney.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 42.001, Government Code,   is amended to read as follows:          Sec. 42.001.  OFFICE; DUTIES;  QUALIFICATIONS.          SECTION 2.  Section 42.001, Government Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The supreme court [ of criminal appeals ] shall appoint a   state prosecuting attorney .           (a-1)  The state prosecuting attorney:                 (1)  shall [ to ] represent the state in all proceedings   before the court of criminal appeals;                 (2)   [ . The state prosecuting attorney ] may [ also ]   represent the state in any stage of a criminal case before a state   court of appeals if the attorney [ he ] considers it necessary for the   interest of the state ; and                 (3)     may exercise 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 a   violation of this state's election laws .          SECTION 3.  Section 42.004, Government Code, is amended to   read as follows:          Sec. 42.004.  REMOVAL.  The supreme court [ of criminal   appeals ] may remove state prosecuting attorneys from office for   good cause.          SECTION 4.  The changes in law made by this Act apply only to   a state prosecuting attorney who is appointed on or after the   effective date of this Act.  A state prosecuting attorney appointed   before the effective date of this Act continues to serve for the   term to which the state prosecuting attorney was appointed unless   otherwise removed as provided by law.          SECTION 5.  (a)  Notwithstanding any other section of this   Act, in a state fiscal year, the state prosecuting attorney is not   required to implement a mandatory provision in another section of   this Act imposing a duty on the state prosecuting attorney to take   an action unless money is specifically appropriated to the state   prosecuting attorney for that fiscal year to carry out that duty.     The state prosecuting attorney may implement the provision in that   fiscal year to the extent other funding is available to the state   prosecuting attorney for the implementation.          (b)  If, as authorized by Subsection (a) of this section, the   state prosecuting attorney does not implement the mandatory   provision in a state fiscal year, the state prosecuting attorney,   in the state prosecuting attorney's legislative budget request for   the next state fiscal biennium, shall certify that fact to the   Legislative Budget Board and include a written estimate of the   costs of implementing the provision in each year of that next state   fiscal biennium.          (c)  This section expires and any duty suspended by   Subsection (a) of this section becomes mandatory on September 1,   2029.          SECTION 6.  This Act takes effect September 1, 2025.     * * * * *