TITLE: Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases.

SUMMARY: Relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases.

FULL TEXT:
AN ACT relating to the appointment of a special prosecutor by the court of criminal appeals for certain criminal cases. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 2A, Code of Criminal Procedure, is amended by adding Article 2A.112 to read as follows: Art. 2A.112. APPOINTMENT OF SPECIAL PROSECUTOR FOR CERTAIN CASES. (a) In this article, "prosecuting attorney" means a district attorney, criminal district attorney, or county attorney with criminal jurisdiction. (b) A law enforcement agency that investigates an offense prescribed by the election laws of this state may present to the court of criminal appeals a report that includes the investigation's findings and a description of any evidence obtained as a result of the investigation. (c) On receipt of a report under Subsection (b), the court of criminal appeals shall appoint a special prosecutor to: (1) review the report; and (2) make a determination to: (A) bring a criminal action based on the report; (B) decline to bring the action described by Paragraph (A); or (C) request that the law enforcement agency pursue further investigation. (d) To be eligible to be appointed as a special prosecutor under this article, a person must: (1) be a prosecuting attorney who serves an area that does not overlap with the area served by the law enforcement agency who presented the report, unless the law enforcement agency has statewide jurisdiction; and (2) have the appropriate experience to ensure competent representation of the state in any legal proceeding with respect to the offense that is the subject of the report. SECTION 2. This Act takes effect September 1, 2025.