House Bill No. 42 proposes the establishment of the Office of State Special Prosecutor in Texas, which will be appointed by the Supreme Court. This new office will have concurrent jurisdiction to represent the state in various criminal cases, including violations of election laws, human trafficking, abortion laws, and other specified offenses. The bill outlines the responsibilities and powers of the state special prosecutor, including the ability to appoint assistant prosecutors and the procedures for filling vacancies in the office. The state special prosecutor will serve a four-year term and can be removed by the Supreme Court for good cause.

Additionally, the bill amends existing provisions in the Government Code to include the state special prosecutor in definitions and regulations concerning state prosecutors. It specifies the salary and expenses that the state special prosecutor and other state prosecutors are entitled to receive, as well as restrictions on engaging in private practice. The office is set to be created on January 1, 2026, and the act will take effect on the same date.

Statutes affected:
Introduced: Government Code 46.001, Government Code 46.002, Government Code 46.003, Government Code 46.004, Government Code 46.005 (Government Code 46)