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 election law violations. Additionally, the bill clarifies the removal process, stating that the supreme court may remove state prosecuting attorneys for good cause.

The bill also includes provisions regarding the implementation of mandatory duties based on fiscal appropriations. Specifically, it states that the state prosecuting attorney is not required to fulfill a duty unless funds are appropriated for that purpose in the fiscal year. If the duty is not implemented, the attorney must certify this to the Legislative Budget Board and provide cost estimates for future implementation. This provision will expire on September 1, 2029, at which point the duties will become mandatory again. The act 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)