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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of the state prosecuting attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.001(a), Government Code, is amended |
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to read as follows: |
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Sec. 42.001. OFFICE; QUALIFICATIONS. (a) The supreme |
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court [court of criminal appeals] shall appoint a state prosecuting |
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attorney to represent the state in all proceedings before the |
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court. The state prosecuting attorney may also represent the state |
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in any stage of a criminal case before a state court of appeals if he |
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considers it necessary for the interest of the state. |
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SECTION 2. Section 42.004, Government Code, is amended to |
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read as follows: |
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Sec. 42.004. REMOVAL. The supreme court [court of criminal |
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appeals] may remove state prosecuting attorneys from office for |
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good cause. |
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SECTION 3. The heading to Section 42.005, Government Code, |
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is amended to read as follows: |
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Sec. 42.005. CONCURRENT JURISDICTION AND COOPERATION WITH |
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OTHER PROSECUTING ATTORNEYS. |
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SECTION 4. Section 42.005, Government Code, is amended by |
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adding subsection (c) to read as follows: |
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(c) The state prosecuting attorney shall have concurrent |
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jurisdiction to represent the state in the district and inferior |
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courts in this state in a criminal case in which the criminal |
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conduct alleged relates to: |
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(1) a violation of this state's election laws; |
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(2) a violation of Chapter 170 or 171, Health and Safety |
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Code; or |
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(3) an offense under Chapter 20A, 36, or 39, Penal Code. |
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SECTION 5. This Act takes effect September 1, 2023. |