Texas 2023 - 88th Regular

Texas Senate Bill SB404

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

Impact

If enacted, SB404 aims to create a structured process for addressing any misconduct or incompetency among prosecuting attorneys, thereby potentially improving the standards of legal representation in Texas. This move signifies an intention to provide more oversight in the prosecutorial function, which is essential for maintaining public trust in the legal system. Additionally, the bill includes provisions for the council to hold formal hearings and issue recommendations for the removal of any prosecuting attorney found deficient in their duties, thereby centralizing regulatory authority within the legal system.

Summary

Senate Bill 404, authored by Senator King, pertains to the reestablishment of the Prosecuting Attorneys Coordinating Council in Texas. The bill amends the Government Code by adding Chapter 47, which outlines the roles, responsibilities, and membership of the council. This newly proposed council is designed to enhance accountability among prosecuting attorneys by facilitating the review and resolution of complaints related to incompetency and misconduct. The council will consist of seven members from various legal and public sectors who will serve staggered six-year terms.

Sentiment

The sentiment around SB404 appears to be generally supportive, especially among lawmakers advocating for greater accountability within the prosecutorial system. Many view the establishment of such a council as a necessary step toward restoring public confidence in legal professionals. However, there may be concerns regarding the potential for political influence in the council's activities and the balance needed between oversight and the independence of prosecuting attorneys.

Contention

While discussions surrounding SB404 have not highlighted significant public opposition, potential points of contention could arise regarding the administrative powers of the council and how it navigates complaints against elected officials. It will be crucial to ensure that the council operates transparently and maintains the confidentiality of investigated parties to avoid any perceptions of bias or misuse of power.

Companion Bills

TX HB200

Identical Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

TX HB1732

Same As Relating to the reestablishment of the Prosecuting Attorneys Coordinating Council.

Previously Filed As

TX HB5719

Criminal procedure: prosecuting attorneys; prosecuting attorneys coordinating council; modify. Amends secs. 2, 3 & 4 of 1972 PA 203 (MCL 49.102 et seq.).

TX SB2146

Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.

TX HB5354

Relating to the information reported by prosecuting attorneys to the Texas Judicial Council.

TX SB2891

Relating to the establishment of the Health Professions Workforce Coordinating Council and the abolition of the statewide health coordinating council and the nursing advisory committee of that council.

TX HB1316

Prosecuting attorneys; creating the Prosecuting Attorneys Oversight Commission; stating purpose of the Commission; codification; effective date.

TX HB1316

Prosecuting attorneys; creating the Prosecuting Attorneys Oversight Commission; stating purpose of the Commission; codification; effective date.

TX HB3801

Relating to the establishment of the Health Professions Workforce Coordinating Council and a workgroup on nursing career pathways and the abolition of the statewide health coordinating council and the nursing advisory committee of that council.

TX HB1217

Prosecuting attorneys.

TX HB4107

Relating to student loan repayment assistance for certain prosecuting attorneys who are employed as part of the border prosecution unit.

TX SB223

Relating to student loan repayment assistance for certain prosecuting attorneys who are employed as part of the border prosecution unit.

Similar Bills

TX HB5138

Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

WV SB187

Providing for recall process of prosecutor under certain circumstances

TX SB1026

Relating to the authority of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

IN HB1217

Prosecuting attorneys.

TX HB45

Relating to the duty of the attorney general to represent the state in the prosecution of the criminal offense of trafficking of persons.

TX SB11

Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.

MI HB5719

Criminal procedure: prosecuting attorneys; prosecuting attorneys coordinating council; modify. Amends secs. 2, 3 & 4 of 1972 PA 203 (MCL 49.102 et seq.).

OH HB412

Allow village to contract with county prosecutor