Money’s bill letting the governor suspend local prosecutors

The text as introduced · 675 words

89R13516 RDS-D

By: Money
H.B. No. 4006

A BILL TO BE ENTITLED

AN ACT

relating to the suspension and removal from office of a district

attorney, criminal district attorney, or county attorney of a

political subdivision of this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 2, Government Code, is amended

by adding Chapter 47 to read as follows:

CHAPTER 47. SUSPENSION AND REMOVAL OF DISTRICT ATTORNEY, CRIMINAL

DISTRICT ATTORNEY, OR COUNTY ATTORNEY

Sec. 47.001. APPLICABILITY. This chapter applies only to a

person serving in an elected office to which Section 7, Article XV,

Texas Constitution, applies.

Sec. 47.002. DUTY TO FOLLOW AND EXECUTE LAWS OF THIS STATE.

A district attorney, criminal district attorney, or county attorney

of a political subdivision of this state shall follow and execute

the laws of this state in accordance with the attorney's oath of

office.

Sec. 47.003. SUSPENSION BY GOVERNOR; PETITION. (a)

Notwithstanding any other law, the governor may suspend a district

attorney, criminal district attorney, or county attorney of a

political subdivision of this state on the grounds that the

attorney violated Section 47.002.

(b) The governor shall file a petition for removal of a

district attorney, criminal district attorney, or county attorney

the governor suspends under Subsection (a) in a district court in

the county in which the attorney resides.

(c) A suspension under this section:

(1) takes effect on the date the petition under

Subsection (b) is filed; and

(2) is temporary pending the outcome of a trial under

Section 47.004.

(d) Notwithstanding any other law, if the governor suspends

a district attorney, criminal district attorney, or county attorney

under Subsection (a), the governor shall make a provisional

appointment to temporarily fill the vacancy until the conclusion of

the trial under Section 47.004.

Sec. 47.004. TRIAL; REMOVAL. (a) A district attorney,

criminal district attorney, or county attorney suspended by the

governor under Section 47.003 may only be removed under this

chapter following a trial by jury.

(b) The trial for removal of a district attorney, criminal

district attorney, or county attorney under this chapter and the

proceedings connected with the trial shall be conducted to the

extent practicable in accordance with the rules and practice of the

court in other civil cases, in the name of the State of Texas.

(c) In a trial under this section, the judge shall instruct

the jury to find from the evidence whether the grounds for removal

alleged in the petition are true. If the petition alleges more than

one ground for removal, the jury shall indicate in the verdict which

grounds are sustained by the evidence and which are not sustained.

(d) If the jury finds that any ground for removal alleged in

the petition is true, the suspended district attorney, criminal

district attorney, or county attorney is immediately removed from

office and the temporary appointment made under Section 47.003(d)

continues until the vacancy in the office is filled as otherwise

provided by law.

(e) If the jury does not find that any ground for removal

alleged in the petition is true:

(1) the suspension of the district attorney, criminal

district attorney, or county attorney is immediately terminated;

(2) the temporary appointment made under Section

47.003(d) is terminated; and

(3) the attorney is returned to office.

(f) Except as provided by Subsection (g), in a trial to

remove a district attorney or criminal district attorney of a

political subdivision of this state under this chapter, the county

attorney shall represent the state.

(g) In a trial to remove a county attorney from office, the

county attorney from an adjoining county, as selected by the

commissioners court of the county in which the proceeding is

pending, shall represent the state.

SECTION 2. The changes in law made by this Act apply only to

conduct of a district attorney, criminal district attorney, or

county attorney of a political subdivision of this state that

occurs on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.