Bill Text: TX HB3675 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to required management training for and proceedings for removal of certain prosecuting attorneys.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3675 Detail]

Download: Texas-2023-HB3675-Comm_Sub.html
  88R23418 TSS-D
 
  By: Ortega H.B. No. 3675
 
  Substitute the following for H.B. No. 3675:
 
  By:  Flores C.S.H.B. No. 3675
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required management training for and proceedings for
  removal of certain prosecuting attorneys.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 41, Government Code, is
  amended by adding Section 41.016 to read as follows:
         Sec. 41.016.  TRAINING FOR CERTAIN PROSECUTORS. (a) A
  district attorney or criminal district attorney who is elected or
  appointed to serve a judicial district that includes a county with a
  population of more than 850,000 shall complete, either in person or
  online, a 10-hour training course on management responsibility,
  resources, and methods not later than the first anniversary of the
  date the attorney was first elected or appointed. 
         (b)  The State Bar of Texas shall credit a district attorney
  or criminal district attorney who completes a course under this
  section with 10 continuing legal education hours. 
         (c)  A district attorney or criminal district attorney who
  fails to complete the training required by this section is
  incompetent for purposes of removal under Chapter 87, Local
  Government Code.
         SECTION 2.  Subchapter B, Chapter 87, Local Government Code,
  is amended by adding Section 87.0171 to read as follows:
         Sec. 87.0171.  MANDATORY DISMISSAL IN CERTAIN CASES. The
  district judge adjudicating a petition for removal of a district
  attorney in which the only alleged cause for removal is a violation
  of Section 41.016, Government Code, shall dismiss the case if the
  district attorney completes the training required by that section
  not later than the 30th day after the date the petition is filed
  under Section 87.015. 
         SECTION 3.  (a) Except as provided by Subsection (b),
  Section 41.016, Government Code, as added by this Act, applies only
  to a district attorney or criminal district attorney who is first
  elected or appointed on or after the effective date of this Act.
         (b)  A district attorney or criminal district attorney who on
  the effective date of this Act serves a judicial district that
  includes a county with a population of more than 850,000 shall
  complete the training required by Section 41.016, Government Code,
  as added by this Act, not later than September 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.
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