S.B. No. 1367 proposes amendments to the Government Code regarding the appointment, duties, and removal of the state prosecuting attorney in Texas. The bill changes the heading of Section 42.001 to include "DUTIES; QUALIFICATIONS" and specifies that the supreme court will appoint the state prosecuting attorney. It introduces new duties for the state prosecuting attorney, including representing the state in proceedings before the court of criminal appeals and allowing the attorney to represent the state in district and inferior courts for cases related to violations of election laws. Additionally, the bill clarifies the process for the removal of state prosecuting attorneys, stating that the supreme court may remove them for good cause.

The bill also includes provisions regarding the implementation of mandatory duties based on budget appropriations. Specifically, it states that the state prosecuting attorney is not required to fulfill a duty unless funds are specifically allocated for that purpose in the fiscal year. If a duty is not implemented due to lack of funding, the attorney must report this to the Legislative Budget Board and provide an estimate of the costs for future implementation. This provision will expire on September 1, 2029, and the bill is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Government Code 42.001, Government Code 42.004 (Government Code 42)
Senate Committee Report: Government Code 42.001, Government Code 42.004 (Government Code 42)