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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of judicial districts, the creation of the |
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office of district attorney in certain counties, and the election |
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and duties of certain district attorneys in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.562 to read as follows: |
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Sec. 24.562. 418TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). |
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(a) The 418th Judicial District is composed of Montgomery County. |
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(b) The 418th District Court shall give preference to family |
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law matters. |
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(b) The 418th Judicial District is created on the effective |
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date of this section. |
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SECTION 2. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.567 to read as follows: |
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Sec. 24.567. 423RD JUDICIAL DISTRICT (BASTROP, BURLESON, |
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LEE, AND WASHINGTON COUNTIES). The 423rd Judicial District is |
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composed of Bastrop, Burleson, Lee, and Washington Counties. |
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(b) The 423rd Judicial District is created on the effective |
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date of this section. |
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SECTION 3. (a) Effective January 1, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.573 to |
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read as follows: |
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Sec. 24.573. 429TH JUDICIAL DISTRICT (COLLIN COUNTY). The |
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429th Judicial District is composed of Collin County. |
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(b) Effective January 1, 2009, the 429th Judicial District |
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is created. |
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SECTION 4. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.579 to read as follows: |
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Sec. 24.579. 435TH JUDICIAL DISTRICT (MONTGOMERY COUNTY). |
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(a) The 435th Judicial District is composed of Montgomery County. |
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(b) The 435th District Court shall give preference to: |
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(1) civil commitment proceedings under Chapter 841, |
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Health and Safety Code; and |
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(2) criminal cases involving offenses under Section |
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841.085, Health and Safety Code, and Article 62.203, Code of |
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Criminal Procedure. |
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(c) Notwithstanding any other law, the state shall pay the |
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salaries of and other expenses related to the court reporter |
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appointed for the 435th District Court under Section 52.041 and the |
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court coordinator appointed for the court under Section 74.101. |
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The salaries of the court reporter and court coordinator shall be |
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set in amounts commensurate with the salaries paid by other |
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district courts for those positions. |
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(b) The 435th Judicial District is created on the effective |
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date of this section. |
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SECTION 5. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.589 to read as follows: |
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Sec. 24.589. 445TH JUDICIAL DISTRICT (CAMERON COUNTY). |
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(a) The 445th Judicial District is composed of Cameron County. |
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(b) The 445th District Court shall give preference to |
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criminal law cases. |
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(b) The 445th Judicial District is created on the effective |
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date of this section. |
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SECTION 6. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.592 to read as follows: |
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Sec. 24.592. 448TH JUDICIAL DISTRICT (EL PASO COUNTY). The |
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448th Judicial District is composed of El Paso County. |
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(b) The 448th Judicial District is created on the effective |
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date of this section. |
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SECTION 7. (a) Subchapter C, Chapter 24, Government Code, |
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is amended by adding Section 24.593 to read as follows: |
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Sec. 24.593. 449TH JUDICIAL DISTRICT (HIDALGO COUNTY). |
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(a) The 449th Judicial District is composed of Hidalgo County. |
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(b) The 449th District Court shall give preference to |
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juvenile matters. |
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(b) The 449th Judicial District is created on the effective |
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date of this section. |
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SECTION 8. (a) Subchapter C, Chapter 24, Government Code, |
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is 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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(b) The local administrative district judge shall transfer |
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all cases from Waller County that are pending in the 9th District |
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Court to the 506th District Court on the date the 506th District |
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Court is created. |
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(c) When a case is transferred as provided by Subsection (b) |
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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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(d) The 506th Judicial District is created on the date the |
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Office of Court Administration of the Texas Judicial System |
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certifies to the comptroller of public accounts and commissioners |
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courts of Grimes and Waller Counties that the office has determined |
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that the current five-year average population per court for the |
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district courts that serve Grimes and Waller Counties and are in |
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existence as of January 1, 2007, is greater than the current |
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statewide five-year average population per district court. |
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SECTION 9. (a) Subchapter D, Chapter 24, Government Code, |
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is amended by adding Section 24.640 to read as follows: |
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Sec. 24.640. 444TH JUDICIAL DISTRICT (CAMERON COUNTY). The |
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444th Judicial District is composed of Cameron County. |
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(b) The 444th Judicial District is created on the effective |
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date of this section. |
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SECTION 10. (a) Subchapter E, Chapter 24, Government Code, |
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is amended by adding Section 24.908 to read as follows: |
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Sec. 24.908. EL PASO COUNTY CRIMINAL JUDICIAL DISTRICT NO. |
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1. (a) The El Paso County Criminal Judicial District No. 1 is |
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composed of El Paso County. |
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(b) The El Paso County Criminal District Court No. 1 shall |
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give primary preference to felony drug cases and associated civil |
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cases emanating from those felony drug cases. The criminal |
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district court shall give secondary preference to other criminal |
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cases and associated civil cases emanating from those criminal |
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cases. |
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(c) The terms of the El Paso County Criminal District Court |
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No. 1 begin on the third Mondays in April and September and the |
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first Mondays in January, July, and November. |
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(d) The El Paso County Criminal District Court No. 1 shall |
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have a seal similar to the seal of a district court with "El Paso |
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County Criminal District Court No. 1" engraved on the seal. |
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(b) The El Paso County Criminal Judicial District No. 1 is |
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created on the effective date of this section. |
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SECTION 11. Section 43.119, Government Code, is amended to |
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read as follows: |
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Sec. 43.119. 33RD JUDICIAL DISTRICT. The voters of Blanco, |
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Burnet, Llano, and San Saba Counties [the 33rd Judicial District] |
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elect a district attorney for the 33rd and 424th Judicial |
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Districts. |
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SECTION 12. 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 13. 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 14. 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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39th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, |
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100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, |
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145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, |
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235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, |
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329th, 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 15. 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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39th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, |
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100th, 105th, 106th, 110th, 112th, 118th, 119th, 123rd, 142nd, |
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145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, |
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235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th, 286th, |
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329th, 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 16. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2007. |