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A BILL TO BE ENTITLED
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AN ACT
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relating to a district or county attorney participating as counsel |
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in certain proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2A.105(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A district or county attorney may not: |
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(1) be of counsel adversely to the state in any case in |
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any court except as an attorney ad litem appointed under Chapter |
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262, Family Code; or |
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(2) after the attorney ceases to be a district or |
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county attorney, be of counsel adversely to the state in any case in |
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which the attorney has been of counsel for the state. |
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SECTION 2. The change in law made by this Act applies only |
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to the prosecution of an offense committed on or after the effective |
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date of this Act. The prosecution of an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |