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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a judicial district composed of Grimes |
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and Waller Counties, the composition of the 9th, 12th, and 278th |
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Judicial Districts, the district attorneys for the 12th and 278th |
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Judicial Districts, and the juvenile board of Leon County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.109, Government Code, is amended to |
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read as follows: |
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Sec. 24.109. 9TH JUDICIAL DISTRICT (MONTGOMERY COUNTY [AND
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WALLER COUNTIES]). (a) The 9th Judicial District is composed of |
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Montgomery County [and Waller counties]. |
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(b) [The 9th and 155th district courts have concurrent
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jurisdiction in Waller County.
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[(c)] The terms of the 9th District Court begin[:
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[(1)in Montgomery County] on the first Monday in |
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January and the first Monday in July[; and
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[(2) in Waller County on the first Monday in January
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and the first Monday in July]. |
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SECTION 2. Section 24.113, Government Code, is amended to |
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read as follows: |
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Sec. 24.113. 12TH JUDICIAL DISTRICT (GRIMES, [LEON,] |
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MADISON, AND WALKER COUNTIES). (a) The 12th Judicial District is |
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composed of Grimes, [Leon,] Madison, and Walker counties. |
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(b) The terms of the 12th District Court in each county of |
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the district begin on the first Mondays in January and July. |
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SECTION 3. Section 24.254(d), Government Code, is repealed. |
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SECTION 4. Section 24.455, Government Code, is amended to |
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read as follows: |
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Sec. 24.455. 278TH JUDICIAL DISTRICT ([GRIMES,] LEON, |
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MADISON, AND WALKER COUNTIES). The 278th Judicial District is |
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composed of [Grimes,] Leon, Madison, and Walker counties. |
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SECTION 5. Subchapter C, Chapter 24, Government Code, is |
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amended by adding Section 24.5995 to read as follows: |
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Sec. 24.5995. 506TH JUDICIAL DISTRICT (GRIMES AND WALLER |
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COUNTIES). The 506th Judicial District is composed of Grimes and |
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Waller Counties. |
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SECTION 6. Section 43.106, Government Code, is redesignated |
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as Section 43.1743 and amended to read as follows: |
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Sec. 43.1743 [43.106]. 278TH [12TH] JUDICIAL DISTRICT. (a) |
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The voters of Leon County elect a district attorney for the 278th |
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[12th] Judicial District who represents the state in that district |
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court only in Leon County. |
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(b) [The district attorney of the 12th Judicial District
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also represents the state in all criminal and civil actions in which
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the state is interested that arise in the 87th Judicial District in
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Leon County.
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[(c)] The district attorney may, with the consent of the |
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Commissioners Court of Leon County, appoint a deputy district |
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attorney. |
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(c) [(d)] The Commissioners Court of Leon County shall pay |
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the salary and traveling expenses of the deputy district attorney |
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from the officers' salary fund. The salary shall be paid in equal |
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monthly installments and expense claims shall be paid at the end of |
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each month. The salary is subject to participation fully in the |
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Texas County and District Retirement System. |
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SECTION 7. Section 43.1745, Government Code, is |
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redesignated as Section 43.1061 and amended to read as follows: |
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Sec. 43.1061 [43.1745]. 12TH [278TH] JUDICIAL DISTRICT. (a) |
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The voters of Grimes County elect a district attorney for the 12th |
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[278th] Judicial District who represents the state only in that |
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county. |
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(b) The district attorney shall attend each term and session |
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of the district courts and all other courts, except municipal |
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courts, in Grimes County and, unless otherwise provided by law, |
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shall exclusively represent the state in all criminal matters in |
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those courts. |
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(c) The district attorney has no power, duty, or privilege |
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relating to family law and juvenile matters, including matters |
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involving children's protective services, protective orders under |
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Chapter 71, Family Code, orders under Chapter 159, Family Code, |
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proceedings under Title 3, Family Code, civil commitment matters |
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under Subtitle C, Title 7, Health and Safety Code, or a quo warranto |
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or removal case, except, that if the county attorney fails or |
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refuses to act in a quo warranto or removal case, the district |
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attorney has the power, duty, and privilege to bring a removal of |
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quo warranto action. |
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(d) The district attorney has no power, duty, or privilege |
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in any civil matter pending before any court. |
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(e) The district attorney must be at least 30 years of age, |
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must have been a practicing attorney in this state for at least five |
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years, and must have been a resident of Grimes County for at least |
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three years immediately preceding election or appointment. |
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(f) The district attorney may not engage in the private |
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practice of law. |
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(g) The district attorney may, for the purpose of conducting |
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the affairs of the office, appoint assistant district attorneys, |
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investigators, and other necessary staff. The salaries of the |
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members of the staff of the district attorney's office shall be paid |
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from the officer's salary fund of the county with the approval of |
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the commissioners court. |
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SECTION 8. Section 152.1511(a), Human Resources Code, as |
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amended by Chapters 531, 1152, and 1352, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted to read as |
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follows: |
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(a) The juvenile board of Leon County is composed of the |
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county judge and the district judges in Leon County. |
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SECTION 9. (a) The local administrative district judge |
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shall transfer all cases from Waller County that are pending in the |
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9th District Court on September 1, 2007, to the 506th District |
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Court. |
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(b) When a case is transferred as provided by Subsection (a) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 9th District Court are returnable |
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to the 506th District Court as if originally issued by that court. |
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The obligees on all bonds and recognizances taken in and for the 9th |
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District Court and all witnesses summoned to appear in the 9th |
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District Court are required to appear before the 506th District |
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Court as if originally required to appear before that court. |
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SECTION 10. (a) The local administrative district judge |
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shall transfer all cases from Leon County that are pending in the |
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12th District Court on September 1, 2007, to the 278th District |
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Court. |
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(b) When a case is transferred as provided by Subsection (a) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 12th District Court are |
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returnable to the 278th District Court as if originally issued by |
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that court. The obligees on all bonds and recognizances taken in |
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and for the 12th District Court and all witnesses summoned to appear |
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in the 12th District Court are required to appear before the 278th |
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District Court as if originally required to appear before that |
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court. |
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SECTION 11. (a) The local administrative district judge |
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shall transfer all cases from Grimes County that are pending in the |
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278th District Court on September 1, 2007, to the 12th District |
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Court. |
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(b) When a case is transferred as provided by Subsection (a) |
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of this section, all processes, writs, bonds, recognizances, or |
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other obligations issued from the 278th District Court are |
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returnable to the 12th District Court as if originally issued by |
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that court. The obligees on all bonds and recognizances taken in |
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and for the 278th District Court and all witnesses summoned to |
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appear in the 278th District Court are required to appear before the |
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12th District Court as if originally required to appear before that |
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court. |
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SECTION 12. (a) The person serving as district attorney for |
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the 12th Judicial District on September 1, 2007, unless otherwise |
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removed from office, continues to serve in that office as |
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redesignated as the district attorney for the 278th Judicial |
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District for the term to which elected or appointed. |
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(b) The person serving as district attorney for the 278th |
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Judicial District on September 1, 2007, unless otherwise removed |
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from office, continues to serve in that office as redesignated as |
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the district attorney for the 12th Judicial District for the term to |
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which elected or appointed. |
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SECTION 13. The 506th Judicial District is created on the |
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effective date of this Act. |
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SECTION 14. This Act takes effect September 1, 2007. |