By: Hegar, et al. (Senate Sponsor - Janek) H.B. No. 3263
(In the Senate - Received from the House May 2, 2005;
May 3, 2005, read first time and referred to Committee on
Jurisprudence; May 13, 2005, reported favorably by the following
vote: Yeas 5, Nays 0; May 13, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the district attorney and
county attorney in Fort Bend County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.181, Government Code, is amended by
amending Subsection (c) and adding Subsection (f-1) to read as
follows:
(c) The district attorney has the powers, duties, and
privileges in Fort Bend County relating to family law and juvenile
matters, except as provided by Subsection (f-1) [including
children's protective services], protective orders under Title 4
[Chapter 71], Family Code, orders under Chapter 159, Family Code,
and proceedings under Title 3, Family Code.
(f-1) The district attorney has no power, duty, or privilege
in Fort Bend County relating to a matter involving children's
protective services.
SECTION 2. Section 45.179, Government Code, is amended by
adding Subsection (c-1) and amending Subsection (d) to read as
follows:
(c-1) The county attorney has the powers, duties, and
privileges in Fort Bend County relating to matters involving
children's protective services.
(d) The county attorney has no power, duty, or privilege in
Fort Bend County relating to family law and juvenile matters,
except as provided by Subsection (c-1) [including children's
protective services], protective orders under Title 4 [Chapter 71],
Family Code, orders under Chapter 159, Family Code, and proceedings
under Title 3, Family Code.
SECTION 3. The changes in law made by this Act to Sections
43.181 and 45.179, Government Code, apply only to a proceeding
commenced on or after the effective date of this Act. A proceeding
commenced before the effective date of this Act is governed by the
law in effect on the date the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
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