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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a statewide district court with |
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exclusive, original jurisdiction over certain cases and the |
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creation of the office of district attorney for the 200th Judicial |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Effective January 1, 2013, Section 24.379, |
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Government Code, is amended to read as follows: |
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Sec. 24.379. 200TH JUDICIAL DISTRICT (DISTRICT OF TEXAS |
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[TRAVIS COUNTY]). (a) The 200th Judicial District is composed of |
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every county in the state [Travis County]. |
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(b) Notwithstanding any other law, the 200th District Court |
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has exclusive original jurisdiction over: |
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(1) all cases alleging criminal conduct related to |
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the official duties of: |
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(A) an officer of, officer-elect of, candidate |
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for, or employee of any state agency, department, or office in the |
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executive, legislative, or judicial branch of state government; |
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(B) a board, commission, department, office, or |
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other agency in the executive branch of state government, including |
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an institution of higher education as defined by Section 61.003, |
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Education Code; or |
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(C) the legislature or a legislative agency; |
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(2) insurance fraud offenses punishable under Chapter |
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35, Penal Code; |
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(3) all criminal cases alleging fraud related to motor |
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fuel taxes due under Chapter 162, Tax Code; |
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(4) all criminal cases alleging workers' compensation |
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fraud; and |
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(5) all cases involving contempt of the legislature. |
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(c) The 200th District Court shall give preference to the |
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cases described by Subsection (b). |
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SECTION 2. Effective January 1, 2013, Subchapter B, Chapter |
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43, Government Code, is amended by adding Section 43.1655 to read as |
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follows: |
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Sec. 43.1655. 200TH JUDICIAL DISTRICT. The voters of the |
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200th Judicial District elect a district attorney. |
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SECTION 3. Effective January 1, 2013, 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 the state prosecuting attorney, all county prosecutors, |
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and the following state 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, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, |
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64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, |
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200th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 286th, 329th, 344th, 349th, 355th, and 506th judicial |
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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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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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Waller, 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, Freestone, Lamar, Lamb, |
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Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, |
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Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, |
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and Willacy. |
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SECTION 4. Effective January 1, 2013, Sections 301.027(b) |
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and (c), Government Code, are amended to read as follows: |
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(b) If the president of the senate or speaker receives a |
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report or statement of facts as provided by Subsection (a), the |
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president of the senate or speaker shall certify the statement of |
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facts to the [Travis County] district attorney for the 200th |
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Judicial District under the seal of the senate or house of |
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representatives, as appropriate. |
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(c) The [Travis County] district attorney for the 200th |
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Judicial District shall bring the matter before the grand jury for |
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action. If the grand jury returns an indictment, the district |
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attorney shall prosecute the indictment. |
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SECTION 5. For purposes of the primary and general |
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elections in 2012, the 200th Judicial District is considered to be a |
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statewide district. |
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SECTION 6. (a) To the extent that existing rules regarding |
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court administration are inconsistent with this Act, the Texas |
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Supreme Court shall promulgate rules necessary for the efficient |
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and uniform administration of justice in the 200th District Court. |
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(b) Notwithstanding any other law, the secretary of state |
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may adopt the rules and procedures necessary to implement Section |
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24.379, Government Code, as amended by this Act, and Section |
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43.1655, Government Code, as added by this Act. |
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SECTION 7. The change in law made by this Act to Section |
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24.379, Government Code, applies only to a case filed on or after |
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January 1, 2013. A case filed before January 1, 2013, is governed |
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by the law in effect on the date the case was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |