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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance by the attorney general in the prosecution |
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of certain offenses involving the unlawful appropriation or |
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misapplication of state property or unlawful conduct in certain |
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state-funded facilities; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (j), Section 31.03, Penal Code, is |
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amended to read as follows: |
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(j) With the consent of the appropriate local county or |
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district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this section that involves the state Medicaid program |
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or the unlawful appropriation of state property, including state |
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funds. |
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SECTION 2. Subsection (e), Section 32.45, Penal Code, is |
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amended to read as follows: |
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(e) With the consent of the appropriate local county or |
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district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this section that involves the state Medicaid program |
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or the misapplication of state property, including state funds. |
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SECTION 3. Chapter 39, Penal Code, is amended by adding |
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Section 39.015 to read as follows: |
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Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES |
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UNDER THIS CHAPTER. With the consent of the appropriate local |
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county or district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this chapter. |
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SECTION 4. Subsection (b), Section 39.04, Penal Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a)(1) is a Class A |
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misdemeanor. An offense under Subsection (a)(2) is a state jail |
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felony, except that the offense is a felony of the third degree if |
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the offense is committed against a juvenile offender detained in or |
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committed to a correctional facility the operation of which is |
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financed primarily with state funds. |
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SECTION 5. The change in law made by Section 4 of this Act |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |