Schofield Bill Creates A Statewide Prosecutor Picked By The Supreme Court

The text as introduced · 1,242 words

89R9885 AMF-D

By: Schofield
H.B. No. 4717

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the office of state special prosecutor.

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

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

by adding Chapter 42A to read as follows:

CHAPTER 42A. STATE SPECIAL PROSECUTOR

Sec. 42A.001. OFFICE. The supreme court shall appoint a

state special prosecutor with 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) human trafficking or the smuggling of persons or

of items known to be acquired or possessed in violation of the laws

of any state or of the United States;

(3) an offense under Section 557.001;

(4) a violation of this state's abortion laws,

including Chapters 170 and 171, Health and Safety Code, and Chapter

6-1/2, Title 71, Revised Statutes;

(5) a violation of Chapter 481, Health and Safety

Code;

(6) an offense under Title 8, Penal Code; or

(7) an offense under Section 42.02, Penal Code.

Sec. 42A.002. OATH; TERM. (a) The state special prosecutor

shall take the oath required of state officials.

(b) The state special prosecutor serves a four-year term and

continues to serve until a successor is appointed and has

qualified.

Sec. 42A.003. ASSISTANT STATE SPECIAL PROSECUTORS. (a)

The state special prosecutor may appoint one or more assistant

state special prosecutors. An assistant state special prosecutor

has the same duties and serves the same term of office as the state

special prosecutor.

(b) The state special prosecutor may appoint a first

assistant state special prosecutor to perform the duties and

assignments of the state special prosecutor and act as the state

special prosecutor when the state special prosecutor is absent or

otherwise unable to act.

(c) The state special prosecutor may appoint a person

serving as an assistant attorney general as an assistant state

special prosecutor. An assistant attorney general appointed under

this subsection may maintain the assistant attorney general's

employment with the attorney general while serving as an assistant

state special prosecutor.

Sec. 42A.004. VACANCY. (a) If a vacancy occurs in the

position of state special prosecutor, not more than 90 days after

the date the vacancy occurs the supreme court shall appoint a

successor to fill the office for the remainder of the unexpired

term.

(b) If the supreme court fails to appoint a successor to

fill a vacancy under Subsection (a), the governor may appoint, with

the advice and consent of the senate, a state special prosecutor to

fill the office for the remainder of the unexpired term.

Sec. 42A.005. STAFF. The attorney general and state

special prosecutor may enter into a memorandum of understanding for

the provision of staff or other resources to assist the special

prosecutor in fulfilling the duties of the special prosecutor's

office.

Sec. 42A.006. REMOVAL. The supreme court may remove a state

special prosecutor from office for good cause.

SECTION 2. Section 46.001, Government Code, is amended by

adding Subdivision (5) to read as follows:

(5) "State special prosecutor" means the state special

prosecutor appointed under Chapter 42A.

SECTION 3. Section 46.002, Government Code, is amended to

read as follows:

Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter

applies to the state prosecuting attorney, all county prosecutors,

and the following state prosecutors:

(1) the district attorneys for Kenedy and Kleberg

Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,

26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,

42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,

66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,

97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,

123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,

198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,

268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,

452nd, and 506th judicial districts;

(1-a) the state special prosecutor;

(2) the criminal district attorneys for the counties

of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,

Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,

Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,

Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,

Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San

Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and

(3) the county attorneys performing the duties of

district attorneys in the counties of Andrews, Aransas, Burleson,

Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,

Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,

Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,

Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and

Willacy.

SECTION 4. Sections 46.003(a) and (a-1), Government Code,

are amended to read as follows:

(a) The state prosecuting attorney , the state special

prosecutor, and each state prosecutor is entitled to receive from

the state:

(1) a salary in an amount equal to the state annual

salary as set by the General Appropriations Act in accordance with

Section 659.012 paid to a district judge with comparable years of

service as the state prosecuting attorney , state special

prosecutor, or state prosecutor; and

(2) a monthly amount of longevity pay based on the

state prosecuting attorney's , state special prosecutor's, or state

prosecutor's years of service that would be paid to the state

prosecuting attorney , state special prosecutor, or state

prosecutor under Section 659.0445 if the state prosecuting

attorney , state special prosecutor, or state prosecutor were a

judge or justice described by Section 659.0445(a).

(a-1) For purposes of this section, the years of service of

the state prosecuting attorney , state special prosecutor, or a

state prosecutor include any years of service as:

(1) a county attorney; or

(2) an appellate court justice, district judge, judge

of a statutory county court, judge of a multicounty statutory

county court, or judge or justice of a statutory probate court.

SECTION 5. Section 46.004, Government Code, is amended to

read as follows:

Sec. 46.004. EXPENSES. (a) The state prosecuting

attorney , the state special prosecutor, and each state prosecutor

is entitled to receive not less than $22,500 a year from the state

to be used by the attorney or prosecutor to help defray the salaries

and expenses of the office. That money may not be used to

supplement the attorney's or prosecutor's salary.

(b) The state prosecuting attorney , the state special

prosecutor, and each state prosecutor shall submit annually to the

comptroller of public accounts a sworn account showing how this

money was spent during the year.

SECTION 6. Sections 46.005(a) and (b), Government Code, are

amended to read as follows:

(a) The state prosecuting attorney , the state special

prosecutor, or a state prosecutor may not engage in the private

practice of law but may complete all civil cases that are not in

conflict with the interest of the state or any of the counties of

the district in which the attorney or prosecutor serves and that are

pending in court before the attorney or prosecutor takes office.

(b) The state prosecuting attorney , the state special

prosecutor, or a state prosecutor may not accept a fee from an

attorney to whom the state prosecuting attorney , state special

prosecutor, or state prosecutor has referred a case.

SECTION 7. The office of the state special prosecutor is

created January 1, 2026.

SECTION 8. This Act takes effect January 1, 2026.