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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 Edwards, Kimble, |
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McCulloch, Mason, and Menard Counties, and the creation of the |
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office of district attorney for the 444th 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 (BANDERA AND |
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[EDWARDS,] KERR [, KIMBLE, MCCULLOCH, MASON, AND MENARD] COUNTIES). |
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(a) The 198th Judicial District is composed of Bandera and |
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[Edwards,] Kerr Counties[, Kimble, McCulloch, Mason, and Menard
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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 of |
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the 198th District Court may alternate the drawing of grand juries |
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with the judge of any other district court in each county within the |
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judge's [his] district and may order grand and petit juries to be |
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drawn for any term of the judge's [his] court as in the judge's [his] |
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judgment is necessary, by an order entered in the minutes of the |
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court. Indictments within each county may be returned to either |
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court within that county. |
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(c) In addition to the requirements under Article 59.06, |
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Code of Criminal Procedure, the district attorney for the 198th |
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Judicial District may use proceeds from the sale of forfeited |
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property, after the deduction of amounts described by Article |
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59.06(a), Code of Criminal Procedure, for the official purposes of |
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the office of the district attorney only on the approval of: |
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(1) the commissioners court of each county in the |
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judicial district; or |
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(2) a regional review committee composed of three |
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members who are a county judge, a county attorney, a county |
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commissioner or a county sheriff, each appointed by the member of |
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the house of representatives of this state who represents the |
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[largest number of] counties in the judicial district. |
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SECTION 2. Subchapter C, Chapter 24, Government Code, is |
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amended by adding Section 24.588 to read as follows: |
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Sec. 24.588. 444TH JUDICIAL DISTRICT (EDWARDS, KIMBLE, |
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MCCULLOCH, MASON, AND MENARD COUNTIES). (a) The 444th Judicial |
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District is composed of Edwards, Kimble, McCulloch, Mason, and |
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Menard Counties. |
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(b) The judge of the 444th 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 444th 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. 444TH JUDICIAL DISTRICT. The voters of the |
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444th 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, 444th, 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 444th District Court all cases from Edwards, |
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Kimble, McCulloch, Mason, and Menard Counties that are pending in |
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the 198th 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 444th 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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444th District Court as if originally required to appear before |
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that court. |
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(c) The 444th 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, 2013. |