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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) Effective January 1, 2009, Subchapter C, |
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Chapter 24, Government Code, is amended by adding Section 24.567 to |
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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) Subsection (a), Section 44.111, Government Code, is |
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amended to read as follows: |
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(a) The criminal district attorney of Bastrop County shall |
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attend each term and session of the district courts [court] in |
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Bastrop County and each term and session of the inferior courts of |
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the county held for the transaction of criminal business. He shall |
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exclusively represent the state in all criminal matters before |
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those courts and any other court in which Bastrop County has pending |
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business. |
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(c) Effective January 1, 2009, Subsection (b), Section |
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43.108, Government Code, is amended to read as follows: |
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(b) The district attorney also represents the state and |
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performs the duties of district attorney before the 335th District |
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Court and the 423rd District Court in Washington and Burleson |
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counties. |
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(d) For purposes of Section 201.027, Election Code, the |
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effective date of this section is January 1, 2009. |
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(e) Notwithstanding Section 24.311, Government Code, the |
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initial vacancy in the office of judge of the 423rd Judicial |
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District shall be filled by election. The office exists for |
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purposes of the primary and general election in 2008. A vacancy |
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after the initial vacancy is filled as provided by Section 28, |
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Article V, Texas Constitution. |
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(f) The 423rd Judicial District is created January 1, 2009. |
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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) For purposes of Section 201.027, Election Code, the |
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effective date of this section is January 1, 2009. |
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(c) Notwithstanding Section 24.311, Government Code, the |
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initial vacancy in the office of judge of the 429th Judicial |
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District shall be filled by election. The office exists for |
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purposes of the primary and general elections in 2008. A vacancy |
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after the initial vacancy is filled as provided by Section 28, |
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Article V, Texas Constitution. |
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(d) The 429th Judicial District is created January 1, 2009. |
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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 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 7. 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. (a) The voters of |
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the 33rd Judicial District elect a district attorney. |
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(b) The district attorney also represents the state and |
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performs the duties of district attorney before the 424th District |
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Court in Blanco, Burnet, Llano, and San Saba counties. |
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SECTION 8. 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 9. 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 10. 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 11. 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 12. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2007. |
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* * * * * |