By: Nelson S.B. No. 130

(In the Senate - Filed November 27, 2012; January 29, 2013, read first time and referred to Committee on Jurisprudence; March 18, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 0; March 18, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 130 By: Paxton

A BILL TO BE ENTITLED

AN ACT

relating to representation by prosecuting attorneys in proceedings for protective orders against family violence and in certain other actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.0075, Family Code, is amended to read as follows:

Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN OTHER [SUBSEQUENT] ACTIONS. Subject to the Texas Disciplinary Rules of Professional Conduct, a [A] prosecuting attorney [who represents a party in a proceeding under this subtitle] is not precluded from representing a party in a proceeding under this subtitle and the Department of Family and Protective Services in another [a subsequent] action involving the party, regardless of whether the proceeding under this subtitle occurs before, concurrently with, or after the other action involving the party.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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