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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 use, unlawful appropriation, or |
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misapplication of state property or unlawful conduct in certain |
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state-funded facilities or on other state property; providing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Penal Code, is amended by adding |
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Section 1.09 to read as follows: |
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Sec. 1.09. CONCURRENT JURISDICTION UNDER THIS CODE TO |
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PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. With the consent |
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of the appropriate local county or district attorney, the attorney |
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general has concurrent jurisdiction with that consenting local |
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prosecutor to prosecute under this code any offense an element of |
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which occurs on state property or any offense that involves the use, |
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unlawful appropriation, or misapplication of state property, |
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including state funds. |
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SECTION 2. 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 3. 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 second 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 4. The change in law made by Section 3 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 5. 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. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 563 passed the Senate on |
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March 22, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendments on May 18, 2007, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 563 passed the House, with |
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amendments, on May 15, 2007, by the following vote: Yeas 144, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |