| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to assistance by the attorney general in the prosecution |
|
|
of certain offenses involving the use, unlawful appropriation, or |
|
|
misapplication of state property or unlawful conduct in certain |
|
|
state-funded facilities or on other state property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 1, Penal Code, is amended by adding |
|
|
Section 1.09 to read as follows: |
|
|
Sec. 1.09. CONCURRENT JURISDICTION UNDER THIS CODE TO |
|
|
PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY. With the consent |
|
|
of the appropriate local county or district attorney, the attorney |
|
|
general has concurrent jurisdiction with that consenting local |
|
|
prosecutor to prosecute under this code any offense an element of |
|
|
which occurs on state property or any offense that involves the use, |
|
|
unlawful appropriation, or misapplication of state property, |
|
|
including state funds. |
|
|
SECTION 2. Chapter 39, Penal Code, is amended by adding |
|
|
Section 39.015 to read as follows: |
|
|
Sec. 39.015. CONCURRENT JURISDICTION TO PROSECUTE OFFENSES |
|
|
UNDER THIS CHAPTER. With the consent of the appropriate local |
|
|
county or district attorney, the attorney general has concurrent |
|
|
jurisdiction with that consenting local prosecutor to prosecute an |
|
|
offense under this chapter. |
|
|
SECTION 3. Subsection (b), Section 39.04, Penal Code, is |
|
|
amended to read as follows: |
|
|
(b) An offense under Subsection (a)(1) is a Class A |
|
|
misdemeanor. An offense under Subsection (a)(2) is a state jail |
|
|
felony, except that the offense is a felony of the third degree if |
|
|
the offense is committed against a juvenile offender detained in or |
|
|
committed to a correctional facility the operation of which is |
|
|
financed primarily with state funds. |
|
|
SECTION 4. The change in law made by Section 3 of this Act |
|
|
applies only to an offense committed on or after the effective date |
|
|
of this Act. An offense committed before the effective date of this |
|
|
Act is covered by the law in effect when the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |