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A BILL TO BE ENTITLED
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AN ACT
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relating to district and county attorney counsel in federal |
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enforcement of laws regulating firearms, firearm accessories, and |
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firearm ammunitions within the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.08, Code of Criminal Procedure, is |
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amended by adding new subsection (c) to read as follows: |
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Art. 2.08. DISQUALIFIED. (a) District and county |
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attorneys shall not be of counsel adversely to the State in any |
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case, in any court, nor shall they, after they cease to be such |
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officers, be of counsel adversely to the State in any case in which |
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they have been of counsel for the State. |
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(b) A judge of a court in which a district or county attorney |
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represents the State shall declare the district or county attorney |
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disqualified for purposes of Article 2.07 on a showing that the |
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attorney is the subject of a criminal investigation by a law |
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enforcement agency if that investigation is based on credible |
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evidence of criminal misconduct for an offense that is within the |
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attorney's authority to prosecute. A disqualification under this |
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subsection applies only to the attorney's access to the criminal |
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investigation pending against the attorney and to any prosecution |
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of a criminal charge resulting from that investigation. |
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(c) In this section: |
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(1) "Firearm" has the meaning assigned in Section |
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46.01. |
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(2) "Firearm accessory" means an item that is used in |
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conjunction with or mounted on a firearm but is not essential to the |
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basic function of a firearm. The term includes a detachable firearm |
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magazine. |
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(d) District and county attorneys shall not be of counsel in |
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federal court for any action involving enforcement of a federal |
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statute, order, rule, or regulation purporting to regulate a |
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firearm, a firearm accessory, or firearm ammunition. |
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SECTION 2. This Act takes effect September 1, 2021. |