CHAPTER 41. GENERAL PROVISIONS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 41. GENERAL PROVISIONS
SUBCHAPTER A. OFFICE OF PROSECUTING ATTORNEY
Sec. 41.001. QUALIFICATIONS. A district or county attorney must
be a licensed attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.002. NOTIFICATION OF ADDRESS. Each district and county
attorney shall notify the attorney general and comptroller of his
post office address as soon as practicable after his election and
qualification.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.003. ADMISSION BY PROSECUTOR. An admission made by a
district or county attorney in a suit or action to which the
state is a party does not prejudice the rights of the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.004. ACCEPTANCE OF REWARD. (a) A district or county
attorney, either before or after the case is tried and finally
determined, may not take from any person a fee, article of value,
compensation, reward, or gift, or a promise of any of these, to
prosecute a case that he is required by law to prosecute or as
consideration or a testimonial for his services in a case that he
is required by law to prosecute.
(b) Section 41.004(a) does not apply to funds provided by the
government of the United States through the Texas Department of
Human Services to local prosecutorial offices for the purpose of
assisting to defray the costs of prosecutions.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1066, Sec. 1, eff. June 18,
1999.
Sec. 41.005. COLLECTION OF MONEY. (a) Not later than the 30th
day after the date on which a district or county attorney
receives any money collected for the state or a county, the
district or county attorney shall, after deducting the
commissions provided by this section, pay the money into the
treasury of the state or of the county to which it belongs.
(b) The district or county attorney may retain a commission from
money collected for the state or a county. The amount of the
commission in any one case is 10 percent of the first $1,000
collected, and five percent of the amount collected over $1,000.
(c) Subsections (a) and (b) of this section also apply to money
realized for the state under the laws governing escheat.
(d) Not later than the last day of August of each year, each
district and county attorney shall file in the office of the
comptroller or of the county treasurer, as the case may be, a
sworn account of all money received by him by virtue of his
office during the preceding year and payable into the state or
county treasury.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.006. REPORT TO ATTORNEY GENERAL. At the times and in
the form that the attorney general directs, the district and
county attorneys shall report to the attorney general the
information from their districts and counties that the attorney
general desires relating to criminal matters and the interests of
the state.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.007. OPINIONS TO COUNTY AND PRECINCT OFFICIALS. A
district or county attorney, on request, shall give to a county
or precinct official of his district or county a written opinion
or written advice relating to the official duties of that
official.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.008. RECORD. (a) Each district or county attorney
shall keep a record of all actions or demands prosecuted or
defended by the person as district or county attorney, and all
proceedings held in relation to the attorney's official acts.
(b) The record required by Subsection (a) may be in a paper
format, an electronic format, or both. A computer record of
actions, demands, and proceedings satisfies the requirements of
Subsection (a).
(c) The record shall be available at all times for inspection by
any person appointed to examine it by the governor or by the
commissioners court of a county.
(d) Each district and county attorney shall deliver any portion
of the record under the attorney's control to the attorney's
successor in office.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 301, Sec. 1, eff. Sept. 1,
2003.
Sec. 41.009. PROSECUTION OF OFFICERS ENTRUSTED WITH PUBLIC
FUNDS. If a district or county attorney learns that an officer
in his district or county who is entrusted with the collection or
safekeeping of public funds is neglecting or abusing the trust
confided in him or is failing to discharge his duties under the
law, the district or county attorney shall institute the
proceedings that are necessary to compel the performance of the
officer's duties and to preserve and protect the public interest.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.010. APPOINTMENT OF INITIAL DISTRICT OR CRIMINAL
DISTRICT ATTORNEY. If a new office of district attorney or
criminal district attorney is created, the governor shall appoint
a person to fill the office until the next general election.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.011. PRIVATE PRACTICE IN COUNTY OR DISTRICT OFFICE. A
district or county attorney who is not prohibited by law from
engaging in the private practice of law may, at the discretion of
the commissioners court of a particular county, conduct a private
practice of law using the district or county office provided by
that county for conducting his official duties.
Added by Acts 1987, 70th Leg., ch. 213, Sec. 1, eff. Aug. 31,
1987.
Sec. 41.012. LIABILITY INSURANCE. A county or district attorney
may purchase, for himself and for his staff members, liability
insurance, or similar coverage from a governmental pool operating
under Chapter 119, Local Government Code, or a self-insurance
fund or risk retention group operating under Chapter 2259, to
insure against claims arising from the performance of his
official duties from state or county funds appropriated or
allocated for the expenses of his office or from accounts
maintained by the county or district attorney, including but not
limited to the fund created by charges assessed by the county or
district attorney in connection with the collection of
"insufficient fund" negotiable instruments.
Added by Acts 1987, 70th Leg., ch. 296, Sec. 1, eff. Aug. 31,
1987. Renumbered from Sec. 41.011 by Acts 1989, 71st Leg., ch. 2,
Sec. 16.01(21), eff. Aug. 28, 1989. Amended by Acts 1993, 73rd
Leg., ch. 561, Sec. 1, eff. Aug. 30, 1993; Acts 2001, 77th Leg.,
ch. 1420, Sec. 8.229, eff. Sept. 1, 2001.
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. Except as
otherwise provided by law, a district attorney or criminal
district attorney is entitled to receive from the state annual
compensation equal to at least 80 percent of the annual
compensation provided for a district judge in the General
Appropriations Act.
Added by Acts 1989, 71st Leg., ch. 1254, Sec. 1, eff. Sept. 1,
1989.
Sec. 41.014. PRO BONO LEGAL SERVICES. (a) In this section:
(1) "Pro bono legal services to the indigent" includes civil
legal services rendered without expectation of compensation
either directly to the indigent or to a charitable public
interest organization regarding matters primarily addressing the
needs of the indigent.
(2) "Prosecutor" means a county attorney, district attorney,
criminal district attorney, assistant county attorney, assistant
district attorney, or assistant criminal district attorney.
(b) A prosecutor may provide pro bono legal services to the
indigent if providing the services does not interfere with the
prosecutor's official duties or regularly compensated hours of
employment.
(c) Providing pro bono legal services to the indigent as
authorized by this section is not within the scope of employment
of the prosecutor, and the state or a political subdivision of
the state is not liable for damages that result from providing
the services.
(d) Providing pro bono legal services to the indigent under this
section does not constitute the private practice of law.
Added by Acts 1993, 73rd Leg., ch. 540, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER B. STAFF OF PROSECUTING ATTORNEY
Sec. 41.101. DEFINITION. In this subchapter, "prosecuting
attorney" means a county attorney, district attorney, or criminal
district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A
prosecuting attorney may employ the assistant prosecuting
attorneys, investigators, secretaries, and other office personnel
that in his judgment are required for the proper and efficient
operation and administration of the office.
(b) A prosecuting attorney may request the assistance of the
attorney general, and the attorney general may offer to the
prosecuting attorney the assistance of his office, in the
prosecution of all manner of criminal cases or in performing any
duty imposed by law on the prosecuting attorney. In requesting
or accepting such assistance, a prosecuting attorney may appoint
any assistant attorney general as an assistant prosecuting
attorney.
(c) The attorney general may offer to assist a prosecuting
attorney in the prosecution of criminal offenses concerning the
Texas Youth Commission.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 785, Sec. 3, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 13, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1158, Sec. 1, eff. June 15, 2007.
Sec. 41.103. ASSISTANT PROSECUTING ATTORNEYS. (a) An assistant
prosecuting attorney must be licensed to practice law in this
state and shall take the constitutional oath of office.
(b) An assistant prosecuting attorney may perform all duties
imposed by law on the prosecuting attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.104. BOND. A prosecuting attorney may require his
assistant prosecuting attorneys, investigators, and secretaries
to have a bond in the amount that the prosecuting attorney sets.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.105. REMOVAL. All personnel of a prosecuting attorney's
office are subject to removal at the will of the prosecuting
attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.106. COMPENSATION. (a) A prosecuting attorney shall
fix the salaries of his assistant prosecuting attorneys,
investigators, secretaries, and other office personnel, subject
to the approval of the commissioners court of the county or
counties composing the district.
(b) In addition to their salaries, assistant prosecuting
attorneys and investigators may be allowed actual and necessary
travel expenses incurred in the discharge of their duties, not to
exceed the amount fixed by the prosecuting attorney and approved
by the commissioners court of the county or counties composing
the district. The county may pay claims for travel expenses from
the general fund, the officers' salary fund, or any other
available funds of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.107. EQUIPMENT AND SUPPLIES. (a) The commissioners
court of the county or counties composing a district may furnish
telephone service, typewriters, office furniture, office space,
supplies, and the other items and equipment that are necessary to
carry out the official duties of the prosecuting attorney's
office and may pay the expenses incident to the operation of the
office.
(b) The commissioners court of the county or counties composing
a district may furnish automobiles for the use of the prosecuting
attorney's office in conducting the official duties of the office
and may provide for the maintenance of the automobiles.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.108. GIFTS AND GRANTS. The commissioners court of the
county or counties composing a district may accept gifts and
grants from any foundation or association for the purpose of
financing adequate and effective prosecution programs in the
county or district.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.109. AUTHORITY OF INVESTIGATOR. (a) An investigator
appointed by a prosecuting attorney has the same authority as the
sheriff of the county to make arrests anywhere in the county and
to serve anywhere in the state warrants, capiases, subpoenas in
criminal cases, and all other processes in civil or criminal
cases issued by a district court, county court, or justice court
of this state.
(b) An investigator is under the exclusive authority and
direction of the prosecuting attorney and is not under the
authority and direction of the sheriff. The prosecuting attorney
is responsible for the official acts of his investigators and has
the same remedies against his investigators and their sureties as
any person has against a prosecuting attorney and his sureties.
(c) An investigator may not draw a fee of any character for
performing a duty prescribed by this section.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
419, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
925, Sec. 1, eff. June 15, 2007.
Sec. 41.110. TRAINING RELATED TO FAMILY VIOLENCE. The court of
criminal appeals shall adopt rules regarding the training of
prosecuting attorneys relating to cases involving a charge that a
person committed an act of family violence as defined by Section
71.004, Family Code.
Added by Acts 1995, 74th Leg., ch. 67, Sec. 4, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.001(c),
eff. Sept. 1, 2003.
SUBCHAPTER C. APPORTIONMENT OF STATE FUNDS FOR PROSECUTION IN
CERTAIN COUNTIES
Sec. 41.201. ELIGIBLE COUNTIES. This subchapter applies only
to:
(1) Harris County; and
(2) any other county in which:
(A) the county officials are compensated on a salary basis; and
(B) there is a criminal district attorney or a county attorney
performing the duties of a district attorney.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.202. TRANSFER BY COMPTROLLER. (a) On the first day of
September, January, and May of each fiscal year, the comptroller
shall deposit the amount provided by this subchapter in the
officers' salary fund of each county to which this subchapter
applies from the available appropriations made by the legislature
for that purpose.
(b) A county in which the commissioners court is entitled to
determine whether county officers are paid on a salary basis may
not receive funds under this subchapter until the commissioners
court notifies the comptroller of its order providing that the
county officers in the county are to be compensated on a salary
basis.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.203. AMOUNT OF TRANSFER. (a) In making the deposits
provided by Section 41.202, the comptroller shall apportion the
amount appropriated for that purpose among the eligible counties
on the basis of the population of each county as provided by this
section.
(b) The annual apportionment for a county may not exceed:
(1) 10 cents per capita for a county with a population of less
than 8,500;
(2) 7-1/2 cents per capita for a county with a population of
8,500 or more and not more than 19,000;
(3) 5 cents per capita for a county with a population of more
than 19,000 and not more than 75,000;
(4) 4 cents per capita for a county with a population of more
than 75,000; and
(5) 4 cents per capita for Harris County.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Sec. 41.204. APPORTIONMENT BY COMMISSIONERS COURT. The
commissioners court of a county receiving money from the state
under this subchapter shall apportion the money to the proper
officers' salary fund of the county.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER D. LONGEVITY PAY FOR ASSISTANT PROSECUTORS
Sec. 41.251. DEFINITIONS. In this subchapter:
(1) "Assistant prosecutor" means an assistant district attorney,
an assistant criminal district attorney, or an assistant county
attorney.
(2) "Full-time employee" means an assistant prosecutor who is
normally scheduled to work at least 40 hours a week as an
assistant prosecutor.
(3) "Part-time employee" means an assistant prosecutor who is
not a full-time employee.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
36, Sec. 1, eff. September 1, 2007.
Sec. 41.252. LONGEVITY PAY. (a) An assistant prosecutor is
entitled to longevity pay if the assistant prosecutor:
(1) is a full-time employee on the last day of a state fiscal
quarter;
(2) is not on leave without pay on the last day of a state
fiscal quarter; and
(3) has accrued at least four years of lifetime service credit
not later than the last day of the month preceding the last month
of a state fiscal quarter.
(b) The district attorney, criminal district attorney, or county
attorney in the county in which the assistant prosecutor is
employed shall certify the eligibility of the assistant
prosecutor to receive a longevity pay supplement under this
subchapter.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002. Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 1, eff.
Dec. 1, 2003.
Sec. 41.253. AMOUNT. (a) Except as provided by Section
41.255(f), the amount of longevity pay is $20 per month for each
year of lifetime service credit.
(b) The increase is effective beginning with the month following
the month in which the fourth year of lifetime service credit is
accrued.
(c) An assistant prosecutor may not receive as longevity pay
from the county under this subchapter:
(1) more than $20 for each year of lifetime service credit,
regardless of the number of positions the assistant prosecutor
holds or the number of hours the assistant prosecutor works each
week; or
(2) more than $5,000 annually.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002. Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 2, eff.
Dec. 1, 2003.
Sec. 41.254. LIMITATIONS ON LAW PRACTICE. (a) An assistant
prosecutor who receives longevity pay under this subchapter may
not engage in the private practice of law if, from all funds
received, the assistant prosecutor receives a salary that is
equal to or more than 80 percent of the salary paid by the state
to a district judge.
(b) An assistant prosecutor who becomes subject to this section
may complete all civil cases that are not in conflict with the
interest of any of the counties of the district in which the
assistant prosecutor serves and that are pending in court before
the assistant prosecutor exceeds the salary cap.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002.
Sec. 41.255. FUNDING. (a) The county shall pay a longevity pay
supplement under this subchapter to the extent the county
receives funds from the comptroller as provided by Subsection
(d).
(b) The county may not reduce the salary of the assistant
prosecutor to offset the longevity pay supplement.
(c) If an assistant prosecutor performs services for more than
one county, the counties shall apportion the longevity pay
supplement according to the ratio a county's population bears to
the total population of the counties in which the assistant
prosecutor performs services.
(d) Not later than the 15th day after the start of each state
fiscal quarter, the county shall certify to the comptroller the
total amount of longevity pay supplement due to all assistant
prosecutors in the county for the preceding state fiscal quarter.
The comptroller shall issue a warrant to the county for the
amount certified. The comptroller shall issue warrants to the
counties not later than the 60th day after the first date of each
state fiscal quarter.
(e) On the receipt of funds from the comptroller as provided by
Subsection (d), the county shall pay longevity supplements to
eligible assistant prosecutors in the next regularly scheduled
salary payment or in a separate payment.
(f) A county is not required to pay longevity supplements if the
county does not receive funds from the comptroller as provided by
Subsection (d). If sufficient funds are not available to meet the
requests made by counties for funds for payment of assistant
prosecutors qualified for longevity supplements, the comptroller
shall apportion the available funds to the eligible counties by
reducing the amount payable to each county on an equal percentage
basis. A county that receives from the comptroller an amount less
than the amount certified by the county to the comptroller under
Subsection (d) shall apportion the funds received by reducing the
amount payable to eligible assistant prosecutors on an equal
percentage basis, but is not required to use county funds to make
up any difference between the amount certified and the amount
received.
(g) If previous payments under this chapter have been reduced
for insufficient funds pursuant to Subsection (f), or if a county
submits the required information but not in a timely manner as
required by Subsection (d), the comptroller shall:
(1) make a payment of the balance when the funds are available;
or
(2) carry forward the balance owed to the county and pay that
amount to the county when the next payment is required.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002. Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 3, eff.
Dec. 1, 2003.
Sec. 41.256. CHANGE IN STATUS. If an assistant prosecutor
ceases being a full-time employee after the first workday of a
month but otherwise qualifies for longevity pay, the assistant
prosecutor's compensation for that month includes full longevity
pay.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002.
Sec. 41.257. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An
assistant prosecutor accrues lifetime service credit for the
period in which the assistant prosecutor serves as a full-time,
part-time, or temporary assistant prosecutor.
(b) An assistant prosecutor who is on leave without pay for an
entire calendar month does not accrue lifetime service credit for
the month.
(c) An assistant prosecutor who simultaneously holds two or more
positions that each accrue lifetime service credit accrues credit
for only one of the positions.
(d) An assistant prosecutor who begins working on the first
workday of a month in a position that accrues lifetime service
credit is considered to have begun working on the first day of
the month.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1,
2002.
Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND AND FAIR
DEFENSE ACCOUNT. (a) The assistant prosecutor supplement fund
is created in the state treasury.
(b) A court, judge, magistrate, peace officer, or other officer
taking a bail bond for an offense other than a misdemeanor
punishable by fine only under Chapter 17, Code of Criminal
Procedure, shall require the payment of a $15 cost by each surety
posting the bail bond, provided the cost does not exceed $30 for
all bail bonds posted at that time for an individual and the cost
is not required on the posting of a personal or cash bond.
(c) An officer collecting a cost under this section shall
deposit the cost in the county treasury in accordance with
Article 103.004, Code of Criminal Procedure.
(d) An officer who collects a cost due under this section shall:
(1) keep separate records of the funds collected; and
(2) file the reports required by Article 103.005, Code of
Criminal Procedure.
(e) The custodian of the county treasury shall:
(1) keep records of the amount of funds on deposit that are
collected under this section; and
(2) send to the comptroller not later than the last day of the
month following each calendar quarter the funds collected under
this section during the preceding quarter.
(f) A surety paying a cost under Subsection (b) may apply for
and is entitled to a refund of the cost not later than the 181st
day after the date the state declines to prosecute an individual
or the grand jury declines to indict an individual.
(g) A county may retain 10 percent of the funds collected under
this section and may also retain all interest accrued on the
funds if the custodian of the treasury:
(1) keeps records of the amount of funds on deposit; and
(2) remits the funds to the comptroller as prescribed by
Subsection (e).
(h) Funds collected are subject to audit by the comptroller, and
funds expended are subject to audit by the state auditor.
(i) The comptroller shall deposit two-thirds of the funds
received under this section in the assistant prosecutor
supplement fund and one-third of the funds received under this
section to the fair defense account. A county may not reduce the
amount of funds provided for indigent defense services in the
county because of funds provided under this subsection.
(j) The comptroller shall pay supplements from the assistant
prosecutor supplement fund as provided by this subchapter. At
the end of each fiscal year, any unexpended balance in the fund
in excess of $1.5 million may be transferred to the general
revenue fund.
Added by Acts 2003, 78th Leg., ch. 1083, Sec. 4, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
36, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
36, Sec. 3, eff. September 1, 2007.
SUBCHAPTER E. SPECIAL PROSECUTION UNIT
Sec. 41.301. DEFINITIONS. In this subchapter:
(1) "Board of directors" means the board of directors of the
unit.
(2) "Commission" means the Texas Youth Commission.
(3) "Department" means the Texas Department of Criminal Justice.
(4) "Executive board" means the executive board governing the
board of directors of the unit.
(5) "Prosecuting attorney" means a district attorney, a criminal
district attorney, or a county attorney representing the state in
criminal matters before the district or inferior courts of the
county.
(6) "Unit" means the special prosecution unit.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.302. GENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. The
special prosecution unit is an independent unit that cooperates
with and supports prosecuting attorneys in prosecuting offenses
and delinquent conduct described by Article 104.003(a), Code of
Criminal Procedure.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.303. BOARD OF DIRECTORS. (a) The unit is governed by a
board of directors composed of each prosecuting attorney who
represents the state in criminal matters before a court in a
county in which one or more facilities owned or operated by or
under contract with the department or the commission are located.
(b) A prosecuting attorney described by Subsection (a) shall
serve on the board of directors in addition to the other duties
of the prosecuting attorney assigned by law.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.304. EXECUTIVE BOARD. (a) The board of directors is
governed by an executive board composed of 11 members elected by
the membership of the board of directors on a majority vote from
among that membership, as follows:
(1) one member of the executive board who represents the state
in criminal matters before a court in a county in which one or
more facilities owned or operated by or under contract with the
commission are located shall be elected on a majority vote of the
members of the board of directors to serve a term expiring in an
even-numbered year;
(2) an additional four members of the executive board shall be
elected on a majority vote of the members of the board of
directors to serve terms expiring in even-numbered years;
(3) one member of the executive board who represents the state
in criminal matters before a court in a county in which one or
more facilities owned or operated by or under contract with the
commission are located shall be elected on a majority vote of the
members of the board of directors to serve a term expiring in an
odd-numbered year; and
(4) an additional five members of the executive board shall be
elected on a majority vote of the members of the board of
directors to serve terms expiring in odd-numbered years.
(b) If a vacancy on the executive board occurs, the board of
directors shall elect a person to serve the remainder of the
vacating member's term in the manner provided by Subsection (a).
To be eligible for election under this subsection, a person must
meet any qualifications required of the vacating member for
service on the executive board.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.305. OFFICERS. (a) The members of the board of
directors, on a majority vote, shall elect from among the
membership of the executive board a presiding officer and an
assistant presiding officer. The presiding officer serves as the
presiding officer of the board of directors and the executive
board, and the assistant presiding officer serves as the
assistant presiding officer of the board of directors and the
executive board.
(b) The presiding officer and the assistant presiding officer
serve terms of one year.
(c) The assistant presiding officer serves as presiding officer
of the board of directors and the executive board in the
presiding officer's absence or if a vacancy occurs in that office
until a new presiding officer is elected as provided by
Subsection (d).
(d) If a vacancy occurs in the office of presiding officer or
assistant presiding officer, the board of directors shall elect a
person to serve the remainder of the vacating officer's term in
the manner provided by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.306. MEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE BOARD
NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of
directors or the executive board may not be construed to be a
civil office of emolument for any purpose, including those
purposes described in Section 40, Article XVI, Texas
Constitution.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.307. REIMBURSEMENT FOR EXPENSES. A member of the board
of directors or executive board is not entitled to compensation
for service on the board of directors or executive board, if
applicable, but is entitled to be reimbursed for necessary
expenses incurred in carrying out the duties and responsibilities
of a member of the board of directors and the executive board, if
applicable, as provided by the General Appropriations Act.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL
EMPLOYEES. The board of directors, on a majority vote, shall
employ a person to serve as chief of the unit and additional
persons to accomplish the unit's purposes. The board of
directors may determine the compensation of the unit's employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.309. ELECTION OF COUNSELLOR. (a) The executive board,
on a majority vote, shall elect a counsellor.
(b) To be eligible to serve as a counsellor, a person must:
(1) be certified in criminal law by the Texas Board of Legal
Specialization;
(2) have at least five years of experience as a lawyer assisting
prosecuting attorneys in prosecuting offenses or delinquent
conduct committed on state property used for the custody of
persons charged with or convicted of offenses or used for the
custody of children charged with or adjudicated as having engaged
in delinquent conduct or conduct indicating a need for
supervision; or
(3) have served for at least five years as a prosecuting
attorney or as a judge of a district court, a court of appeals,
or the court of criminal appeals.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.
Sec. 41.310. DUTIES OF COUNSELLOR. (a) The counsellor elected
in accordance with Section 41.309:
(1) shall coordinate prosecution issues in and monitor each case
involving an offense or delinquent conduct described by Article
104.003(a), Code of Criminal Procedure, that concerns the
commission;
(2) shall work with criminal justice analysts employed by the
Legislative Budget Board and other persons who monitor cases
involving offenses or delinquent conduct described by Article
104.003(a), Code of Criminal Procedure; and
(3) may conduct an investigation of any alleged illegal or
improper conduct by commission officers, employees, or
contractors that the counsellor reasonably believes:
(A) jeopardizes the health, safety, and welfare of children in
the custody of the commission; and
(B) could constitute an offense described by Article 104.003(a),
Code of Criminal Procedure.
(b) In addition to the duties prescribed by Subsection (a), the
counsellor shall on a quarterly basis provide the board of
directors and the standing committees of the senate and house of
representatives with primary jurisdiction over matters concerning
correctional facilities with a report concerning offenses or
delinquent conduct prosecuted by the unit on receiving a request
for assistance under Section 61.098, Human Resources Code, or a
request for assistance otherwise from a prosecuting attorney. A
report under this subsection is public information under Chapter
552, Government Code, and the board of directors shall request
that the commission publish the report on the commission's
Internet website. A report must be both aggregated and
disaggregated by individual facility and include information
relating to:
(1) the number of requests for assistance received under Section
61.098, Human Resources Code, and requests for assistance
otherwise received from prosecuting attorneys;
(2) the number of cases investigated and the number of cases
prosecuted;
(3) the types and outcomes of cases prosecuted, such as whether
the case concerned narcotics or an alleged incident of sexual
abuse; and
(4) the relationship of a victim to a perpetrator, if
applicable.
(c) The counsellor, in consultation with the board of directors,
shall notify the foreman of the appropriate grand jury, in the
manner provided by Article 20.09, Code of Criminal Procedure, if:
(1) the counsellor receives credible evidence of illegal or
improper conduct by commission officers, employees, or
contractors that the counsellor reasonably believes jeopardizes
the health, safety, and welfare of children in the custody of the
commission;
(2) the counsellor reasonably believes the conduct:
(A) could constitute an offense described by Article 104.003(a),
Code of Criminal Procedure; and
(B) involves the alleged physical or sexual abuse of a child in
the custody of a commission facility or an investigation related
to the alleged abuse; and
(3) the counsellor has reason to believe that information
concerning the conduct has not previously been presented to the
appropriate grand jury.
Added by Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 14, eff. June 8, 2007.