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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the office of district attorney for |
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Kenedy and Kleberg Counties and the district attorney for the 105th |
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Judicial District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.148, Government Code, is amended to |
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read as follows: |
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Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of |
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Nueces County [the 105th Judicial District] elect a district |
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attorney for the 105th Judicial District who[. The district
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attorney] has the same powers and duties as other district |
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attorneys and serves all the district, county, and justice courts |
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of Nueces County [and the district courts of Kleberg and Kenedy
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counties]. |
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(b) The district attorney shall attend each term and session |
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of the district, county, and justice courts of Nueces County [and
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the district courts of Kleberg and Kenedy counties] and shall |
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represent the state in criminal cases pending in those courts. The |
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district attorney has control of any case heard on petition of writ |
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of habeas corpus before any district or inferior court in the |
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district. |
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(c) The commissioners court [courts] of Nueces County [the
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counties comprising the district] may supplement the state salary |
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of the district attorney. The amount of the supplement may not |
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exceed $12,000 a year. [The supplemental salary must be paid
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proportionately by the commissioners court of each county according
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to the population of the county.] The supplemental salary may be |
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paid from the officers' salary fund of the [a] county. If that fund |
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is inadequate, the commissioners court may transfer the necessary |
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funds from the general fund of the county. |
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SECTION 2. Subchapter B, Chapter 43, Government Code, is |
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amended by adding Section 43.182 to read as follows: |
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Sec. 43.182. DISTRICT ATTORNEY FOR KLEBERG AND KENEDY |
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COUNTIES. (a) The voters of Kleberg and Kenedy Counties elect a |
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district attorney. The district attorney has the same powers and |
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duties as other district attorneys and serves the district courts |
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of Kleberg and Kenedy Counties. |
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(b) The district attorney shall attend each term and session |
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of the district courts of Kleberg and Kenedy Counties and shall |
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represent the state in criminal cases pending in those courts. The |
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district attorney has control of any case heard on petition of writ |
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of habeas corpus before any district or inferior court in the |
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district. |
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(c) The commissioners courts of the counties comprising the |
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district may supplement the state salary of the district attorney. |
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The amount of the supplement may not exceed $12,000 a year. The |
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supplemental salary must be paid proportionately by the |
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commissioners court of each county according to the population of |
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the county. The supplemental salary may be paid from the officers' |
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salary fund of a county. If that fund is inadequate, the |
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commissioners court may transfer the necessary funds from the |
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general fund of the county. |
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SECTION 3. Section 46.002, Government Code, is amended to |
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read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to all county prosecutors and to the following state |
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prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
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25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
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42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, |
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69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, |
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105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, 145th, |
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156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, |
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253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, |
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349th, and 355th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, |
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Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
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Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
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Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
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Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, |
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Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
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Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and |
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Willacy. |
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SECTION 4. Effective January 1, 2009, Section 46.002, |
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Government Code, is amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to all county prosecutors and to the following state |
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prosecutors: |
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(1) the district attorneys for Kenedy and Kleberg |
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Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
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25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
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42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, |
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69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, |
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105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, 145th, |
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156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, |
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253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, 329th, |
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344th, 349th, and 355th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, |
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Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
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Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
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Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
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Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar, |
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Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
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Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and |
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Willacy. |
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SECTION 5. This Act takes effect September 1, 2007. |