Bill Text: TX HB3531 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the disqualification of a prosecuting attorney or judge in a case investigated by the public integrity unit of the Texas Rangers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective immediately [HB3531 Detail]

Download: Texas-2019-HB3531-Enrolled.html
 
 
  H.B. No. 3531
 
 
 
 
AN ACT
  relating to the disqualification of a prosecuting attorney or judge
  in a case investigated by the public integrity unit of the Texas
  Rangers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 411.0255, Government
  Code, is amended to read as follows:
         Sec. 411.0255.  DISQUALIFICATION [RECUSAL] OF PROSECUTING
  ATTORNEY OR JUDGE; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING
  JUDGE OF ADMINISTRATIVE JUDICIAL REGION.
         SECTION 2.  Section 411.0255, Government Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (b-1),
  (b-2), (b-3), (b-4), and (c-1) to read as follows:
         (a)  In this section, "presiding judges" means the presiding
  judges of the administrative judicial regions.
         (b-1)  The judge of a court with jurisdiction over a
  complaint may request that the presiding judges permit the judge to
  recuse himself or herself for good cause in a case investigated
  under this subchapter, and on submitting the notice of recusal, the
  judge is disqualified.
         (b-2)  The public integrity unit shall inform the judge of
  the court with jurisdiction over a complaint if the prosecuting
  attorney is disqualified for purposes of Article 2.07, Code of
  Criminal Procedure, because the prosecuting attorney is the subject
  of a criminal investigation under this subchapter based on credible
  evidence of criminal misconduct.  On showing that the prosecuting
  attorney is the subject of the investigation, the judge shall order
  the prosecuting attorney disqualified under Article 2.08, Code of
  Criminal Procedure.
         (b-3)  If the judge of the court with jurisdiction over a
  complaint described by Subsection (b-2) is also disqualified, the
  public integrity unit shall inform the presiding judges of the
  prosecuting attorney's disqualification under that subsection.
         (b-4)  The public integrity unit shall inform the presiding
  judges if a judge of a court with jurisdiction over a complaint is
  disqualified because the judge is the subject of a criminal
  investigation under this subchapter based on credible evidence of
  criminal misconduct.  On showing that the judge is the subject of
  the investigation, the presiding judges shall order the judge
  disqualified. Disqualification under this subsection applies only
  to the judge's access to the criminal investigation pending against
  the judge and to any prosecution of a criminal charge resulting from
  that investigation.
         (c)  Following the disqualification or recusal of a
  prosecuting attorney under this section [Subsection (b)], the
  presiding judges shall appoint a prosecuting attorney from another
  county in that administrative judicial region by majority vote. A
  prosecuting attorney selected under this subsection has the
  authority to represent the state in the prosecution of the offense.
         (c-1)  Following the disqualification of a judge of a court
  with jurisdiction over a complaint under this section, the
  presiding judges by majority vote shall appoint a judge from a
  county within the administrative judicial region.  A judge selected
  under this subsection has jurisdiction over the complaint.
         SECTION 3.  The change in law made by this Act to Section
  411.0255, Government Code, applies to a case investigated by the
  public integrity unit of the Texas Rangers initiated or pending
  before a court on or after the effective date of this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3531 was passed by the House on May 3,
  2019, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3531 on May 24, 2019, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3531 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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