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A BILL TO BE ENTITLED
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AN ACT
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relating to proper venue for certain criminal prosecutions of an |
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elected state officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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amended by adding Article 13.33 to read as follows: |
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Art. 13.33. PROSECUTION OF ELECTED STATE OFFICER. (a) For |
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purposes of this article, the following are offenses against public |
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administration: |
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(1) an offense under Title 8, Penal Code, committed by |
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a state officer in connection with the powers and duties of the |
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state office; |
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(2) an offense under Chapter 301, 302, 305, 571, 572, |
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or 2004, Government Code; |
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(3) an offense under Chapter 573, Government Code, |
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committed by a state officer in connection with the powers and |
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duties of the state office; and |
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(4) an offense under Title 15, Election Code, |
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committed in connection with a campaign for or the holding of state |
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office. |
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(b) The only proper county for the prosecution of an offense |
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involving official misconduct or an offense against public |
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administration committed by an individual who is an elected state |
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officer or who is appointed to fill a vacancy in an elective office |
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of state government is the county in which the individual resides. |
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SECTION 2. This Act applies only to the prosecution of an |
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offense commenced by the filing of an indictment or information on |
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or after the effective date of this Act. A prosecution commenced |
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before the effective date of this Act is governed by the law in |
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effect at the time the prosecution is commenced, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |