The bill, S.B. No. 1367, proposes amendments to the Government Code regarding the appointment, duties, and removal of the state prosecuting attorney in Texas. It changes the heading of Section 42.001 to include "DUTIES; QUALIFICATIONS" and specifies that the supreme court will appoint the state prosecuting attorney. New duties are outlined, including representation of the state in proceedings before the court of criminal appeals and the ability to represent the state in district and inferior courts for cases related to violations of election laws.

Additionally, the bill clarifies the removal process, allowing the supreme court to remove state prosecuting attorneys for good cause. It establishes that the changes apply only to those appointed after the bill's effective date, September 1, 2025, while those appointed prior will continue their terms unless removed. The bill also includes provisions regarding the implementation of mandatory duties based on appropriated funds, requiring the state prosecuting attorney to certify any non-implementation in their budget request for the next biennium. This provision will expire on September 1, 2029, making the duties mandatory thereafter.

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