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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 judicial district composed of Kendall |
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County, the composition of the 216th Judicial District, the |
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creation of a criminal district attorney of Kendall County, and the |
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abolishment of the County Court at Law of Kendall County and the |
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office of county attorney of Kendall County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.275, Government Code, is amended to |
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read as follows: |
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Sec. 24.275. 216TH JUDICIAL DISTRICT (GILLESPIE[,
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KENDALL,] AND KERR COUNTIES). The 216th Judicial District is |
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composed of Gillespie[, Kendall,] and Kerr counties. |
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SECTION 2. Subchapter C, Chapter 24, Government Code, is |
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amended by adding Section 24.591 to read as follows: |
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Sec. 24.591. 451ST JUDICIAL DISTRICT (KENDALL COUNTY). (a) |
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The 451st Judicial District is composed of Kendall County. |
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(b) In addition to the other jurisdiction provided by law, |
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the 451st District Court has concurrent jurisdiction with the |
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County Court of Kendall County in all civil and criminal matters |
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over which the county court would have original or appellate |
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jurisdiction, including probate matters and proceedings under |
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Subtitle C, Title 7, Health and Safety Code. |
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(c) All civil and criminal matters within the concurrent |
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jurisdiction of the county and district courts must be filed with |
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the county clerk in the county court. The county clerk serves as |
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the clerk of the district court for those matters. |
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SECTION 3. Section 44.001, Government Code, is amended to |
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read as follows: |
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Sec. 44.001. ELECTION. The voters of each of the following |
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counties elect a criminal district attorney: Anderson, Austin, |
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Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, |
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Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston, |
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Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper, |
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Jefferson, Kaufman, Kendall, 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. |
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SECTION 4. Subchapter B, Chapter 44, Government Code, is |
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amended by adding Section 44.230 to read as follows: |
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Sec. 44.230. KENDALL COUNTY. (a) The criminal district |
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attorney of Kendall County must meet the following qualifications: |
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(1) be at least 30 years old; |
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(2) have been a practicing attorney in this state for |
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at least five years; and |
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(3) have been a resident of Kendall County for at least |
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one year before election or appointment. |
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(b) The criminal district attorney has all the powers, |
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duties, and privileges in Kendall County that are conferred by law |
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on county and district attorneys in the various counties and |
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districts. |
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(c) The criminal district attorney shall attend each term |
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and session of the district and inferior courts of Kendall County, |
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except municipal courts, held for the transaction of criminal |
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business and shall exclusively represent the state in all criminal |
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matters before those courts. |
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(d) The criminal district attorney shall represent Kendall |
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County in any court in which the county has pending business. This |
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subsection does not require the criminal district attorney to |
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represent the county in a delinquent tax suit or condemnation |
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proceeding and does not prevent the county from retaining other |
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legal counsel in a civil matter at any time it considers appropriate |
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to do so. |
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(e) The criminal district attorney shall collect the fees, |
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commissions, and perquisites that are provided by law for similar |
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services rendered by a district or county attorney. |
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(f) The criminal district attorney is entitled to receive in |
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equal monthly installments compensation from the state equal to the |
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amount paid by the state to district attorneys. The state |
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compensation shall be paid by the comptroller as appropriated by |
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the legislature. The Commissioners Court of Kendall County shall |
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pay the criminal district attorney an additional amount so that the |
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total compensation of the criminal district attorney equals at |
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least 90 percent of the total salary paid to the judge of the 451st |
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District Court in Kendall County. The compensation paid by the |
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county shall be paid in semiweekly or bimonthly installments, as |
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determined by the commissioners court. |
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(g) The criminal district attorney or the Commissioners |
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Court of Kendall County may accept gifts and grants from any |
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individual, partnership, corporation, trust, foundation, |
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association, or governmental entity for the purpose of financing or |
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assisting effective prosecution, crime prevention or suppression, |
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rehabilitation of offenders, substance abuse education, treatment |
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and prevention, or crime victim assistance programs in Kendall |
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County. The criminal district attorney shall account for and |
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report to the commissioners court all gifts or grants accepted |
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under this subsection. |
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(h) The criminal district attorney, for the purpose of |
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conducting affairs of the office, may appoint a staff composed of |
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assistant criminal district attorneys, investigators, |
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stenographers, clerks, and other personnel that the commissioners |
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court may authorize. The salary of a staff member is an amount |
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recommended by the criminal district attorney and approved by the |
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commissioners court. The commissioners court shall pay the |
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salaries of the staff in equal semiweekly or bimonthly installments |
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from county funds. |
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(i) The criminal district attorney shall, with the advice |
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and consent of the commissioners court, designate one or more |
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individuals to act as an assistant criminal district attorney with |
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exclusive responsibility for assisting the commissioners court. An |
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individual designated as an assistant criminal district attorney |
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under this subsection must have extensive experience in |
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representing public entities and knowledge of the laws affecting |
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counties, including the open meetings and open records laws under |
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Chapters 551 and 552. |
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(j) Kendall County is entitled to receive from the state an |
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amount equal to the amount provided in the General Appropriations |
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Act to district attorneys for the payment of staff salaries and |
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office expenses. |
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(k) The legislature may provide for additional staff |
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members to be paid from state funds if it considers supplementation |
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of the criminal district attorney's staff to be necessary. |
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(l) The criminal district attorney and assistant criminal |
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district attorney may not engage in the private practice of law or |
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receive a fee for the referral of a case. |
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(m) A vacancy in the office of criminal district attorney is |
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filled by appointment by the Commissioners Court of Kendall County. |
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The appointee holds office until the next general election. |
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SECTION 5. 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, 18th, 21st, 23rd, 25th, |
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26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, |
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42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, |
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66th, 69th, 70th, 76th, 79th, 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, 287th, 329th, 344th, 349th, 355th, 369th, 452nd, and |
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506th judicial 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, Kendall, Lubbock, McLennan, Madison, |
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Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, |
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Smith, 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, Gonzales, |
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Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam, |
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Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson, |
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Rusk, Swisher, Terry, Webb, and Willacy. |
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SECTION 6. The office of county attorney of Kendall County |
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is abolished. |
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SECTION 7. Sections 25.1321 and 25.1322, Government Code, |
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are repealed, and the County Court at Law of Kendall County is |
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abolished on the date the 451st District Court is created. |
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SECTION 8. On the date the 451st District Court is created, |
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all cases from Kendall County pending in the 216th District Court |
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are transferred to the 451st District Court. On the date the County |
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Court at Law of Kendall County is abolished, all cases pending in |
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the court are transferred to the 451st District Court. When a case |
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is transferred from one court to another as provided by this |
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section, all processes, writs, bonds, recognizances, or other |
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obligations issued from the transferring court are returnable to |
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the court to which the case is transferred as if originally issued |
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by that court. The obligees in all bonds and recognizances taken in |
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and for a court from which a case is transferred and all witnesses |
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summoned to appear in a court from which a case is transferred are |
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required to appear before the court to which a case is transferred |
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as if originally required to appear before the court to which the |
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transfer is made. |
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SECTION 9. Notwithstanding Section 41.010, Government |
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Code, the initial vacancy in the office of the criminal district |
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attorney of Kendall County shall be filled by election. The office |
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exists for purposes of the primary and general elections in 2016. A |
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vacancy after the initial vacancy is filled as provided by Section |
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12, Article IV, Texas Constitution. |
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SECTION 10. Notwithstanding Section 24.026, Government |
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Code, the initial vacancy in the office of judge of the 451st |
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Judicial District shall be filled by election. The office exists |
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for purposes of the primary and general elections in 2016. A |
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vacancy after the initial vacancy is filled as provided by Section |
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28, Article V, Texas Constitution. |
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SECTION 11. The 451st Judicial District is created on the |
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effective date of this Act. |
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SECTION 12. This Act takes effect January 1, 2017. |