88R10609 AMF-D     By: Schofield H.B. No. 4026       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)  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;                (4)  a violation of Chapter 481, Health and Safety   Code; or                (5)  an offense under Title 8, 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, the supreme court shall   appoint a successor to fill the office for the remainder of the   unexpired term not more than 90 days after the date the vacancy   occurs.          (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.  Section 46.003(a), Government Code, is 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 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.          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, 2024.          SECTION 8.  This Act takes effect January 1, 2024.