CHAPTER 41. GENERAL PROVISIONS

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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.

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).

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.

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.

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.

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.

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.

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;

(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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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