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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the 198th Judicial District, the |
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creation of a judicial district composed of Kimble, McCulloch, |
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Mason, and Menard Counties, and the creation of the office of |
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district attorney for the 440th Judicial District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.377, Government Code, is amended to |
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read as follows: |
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Sec. 24.377. 198TH JUDICIAL DISTRICT (KERR COUNTY[, KIMBLE,
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MCCULLOCH, MASON, AND MENARD COUNTIES]). (a) The 198th Judicial |
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District is composed of Kerr County[, Kimble, McCulloch, Mason, and
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Menard counties]. |
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(b) [The judge of the 198th District Court may select jury
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commissioners and impanel grand juries in each county.] The judge |
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of the 198th District Court may alternate the drawing of grand |
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juries with the judge of any other district court [in each county] |
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within the judge's [his] district and may order grand and petit |
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juries to be drawn for any term of the judge's [his] court as in the |
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judge's [his] judgment is necessary, by an order entered in the |
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minutes of the court. Indictments within the [each] county may be |
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returned to either court within that county. |
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SECTION 2. Subchapter C, Chapter 24, Government Code, is |
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amended by adding Section 24.584 to read as follows: |
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Sec. 24.584. 440TH JUDICIAL DISTRICT (KIMBLE, MCCULLOCH, |
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MASON, AND MENARD COUNTIES). (a) The 440th Judicial District is |
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composed of Kimble, McCulloch, Mason, and Menard Counties. |
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(b) The judge of the 440th District Court may select jury |
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commissioners and impanel grand juries in each county. The judge of |
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the 440th District Court may order grand and petit juries to be |
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drawn for any term of the judge's court as in the judge's judgment is |
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necessary, by an order entered in the minutes of the court. |
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SECTION 3. Subchapter B, Chapter 43, Government Code, is |
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amended by adding Section 43.184 to read as follows: |
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Sec. 43.184. 440TH JUDICIAL DISTRICT. The voters of the |
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440th Judicial District elect a district attorney who represents |
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the state in all matters before that district court. |
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SECTION 4. 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 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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216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, |
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271st, 286th, 329th, 344th, 349th, 355th, 440th, 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 5. (a) The local administrative district judge |
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shall transfer to the 440th District Court all cases from Kimble, |
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McCulloch, Mason, and Menard Counties that are pending in the 198th |
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District Court on the effective date of this Act. |
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(b) When a case is transferred as provided by Subsection (a) |
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of this section: |
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(1) all processes, writs, bonds, recognizances, or |
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other obligations issued from the 198th District Court are |
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returnable to the 440th District Court as if originally issued by |
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that court; and |
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(2) the obligees on all bonds and recognizances taken |
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in and for the 198th District Court and all witnesses summoned to |
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appear in the 198th District Court are required to appear before the |
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440th District Court as if originally required to appear before |
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that court. |
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(c) The 440th Judicial District is created on the effective |
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date of this Act. |
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SECTION 6. This Act takes effect September 1, 2011. |