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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of offices of District Attorney for the |
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Northeast Texas, Central Texas, Southeast Texas, and South Texas |
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Regions and the powers and duties of and related to such officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Government Code, is amended by |
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adding Subchapter C, to read as follows: |
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SUBCHAPTER C. PROVISIONS APPLICABLE TO DISTRICT ATTORNEYS FOR THE |
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NORTHEAST TEXAS, CENTRAL TEXAS, SOUTHEAST TEXAS AND SOUTH TEXAS |
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REGIONS. |
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Sec. 43.201. DISTRICT ATTORNEY FOR THE NORTHEAST TEXAS |
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REGION. (a) The voters of the Northeast Texas Region elect a |
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district attorney who represents the state in all cases before the |
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district courts in the counties of the region. |
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(b) The Northeast Texas Region is composed of Bowie, Camp, |
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Cass, Collin, Dallas, Delta, Fannin, Franklin, Grayson, Gregg, |
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Harrison, Hopkins, Hunt, Kaufman, Lamar, Marion, Morris, Panola, |
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Red River, Rockwall, Rusk, Titus, Upshur, and Wood Counties. |
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(c) The district attorney has the same powers and duties as |
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other district attorneys and serves the district courts of the |
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counties of the region. |
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(d) The district attorney for the Northeast Texas Region and |
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the district attorneys of the other judicial districts within that |
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region shall assist each other in the conduct of their duties. |
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Sec. 43.202. DISTRICT ATTORNEY FOR THE CENTRAL TEXAS |
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REGION. (a) The voters of the Central Texas Region elect a district |
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attorney who represents the state in all cases before the district |
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courts in the counties of the region. |
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(b) The Central Texas Region is composed of Bastrop, Bell, |
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Blanco, Bosque, Brazos, Burnet, Burleson, Caldwell, Coke, Comal, |
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Concho, Coryell, Ellis, Falls, Fayette, Freestone, Hamilton, Hays, |
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Hill, Irion, Johnson, Lampasas, Lee, Leon, Limestone, Llano, |
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Madison, McCulloch, McLennan, Milam, Mills, Navarro, Runnels, |
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Robertson, San Saba, Schleicher, Somervell, Sterling, Tom Green, |
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Travis, Walker, and Williamson Counties. |
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(c) The district attorney has the same powers and duties as |
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other district attorneys and serves the district courts of the |
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counties of the region. |
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(d) The district attorney for the Central Texas Region and |
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the district attorneys of the other judicial districts within that |
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region shall assist each other in the conduct of their duties. |
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Sec. 43.203. DISTRICT ATTORNEY FOR THE SOUTHEAST TEXAS |
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REGION. (a) The voters of the Southeast Texas Region elect a |
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district attorney who represents the state in all cases before the |
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district courts in the counties of the region. |
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(b) The Southeast Texas Region is composed of Austin, |
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Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, |
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Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Newton, |
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Orange, Polk, San Jacinto, Tyler, Waller, and Washington Counties. |
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(c) The district attorney has the same powers and duties as |
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other district attorneys and serves the district courts of the |
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counties of the region. |
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(d) The district attorney for the Southeast Texas Region and |
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the district attorneys of the other judicial districts within that |
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region shall assist each other in the conduct of their duties. |
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Sec. 43.204. DISTRICT ATTORNEY FOR THE SOUTH TEXAS REGION. |
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(a) The voters of the South Texas Region elect a district attorney |
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who represents the state in all cases before the district courts in |
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the counties of the region. |
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(b) The South Texas Region is composed of Aransas, Atascosa, |
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Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, De Witt, Dimmit, |
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Duval, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe, |
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Hidalgo, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, |
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Kerr, Kimble, Kinney, Kleberg, La Salle, Lavaca, Live Oak, |
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Matagorda, Mason, Maverick, McMullen, Medina, Menard, Nueces, |
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Real, Refugio, San Patricio, Starr, Sutton, Uvalde, Val Verde, |
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Victoria, Webb, Wharton, Willacy, Wilson, Zapata, Zavala. |
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(c) The district attorney has the same powers and duties as |
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other district attorneys and serves the district courts of the |
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counties of the region. |
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(d) The district attorney for the South Texas Region and the |
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district attorneys of the other judicial districts within that |
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region shall assist each other in the conduct of their duties. |
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Sec. 43.210. REGIONS CONSIDERED A DISTRICT. The Northeast |
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Texas Region, Central Texas Region, Southeast Texas Region, and |
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South Texas Region described in this subchapter shall be considered |
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a "district" that "shall have been previously ascertained by law" |
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for purposes of the Sixth Amendment to the Constitution of the |
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United States. |
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Sec. 43.220. ASSERTING AND RELINQUISHING REPRESENTATION. |
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(a) Notwithstanding any other law, a district attorney elected |
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under this subchapter shall represent the state in any criminal |
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matter in the district and inferior courts in any county within his |
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region, and shall perform the other duties that are conferred by |
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general law on district and county attorneys, if the district |
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attorney: |
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(1) notifies the district or county attorney that would |
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otherwise represent the state in that criminal matter that the |
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district attorney is asserting his prerogative under this section |
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to represent the state; and |
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(2) if judicial proceedings are pending, notifies the court |
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that the district attorney is asserting his prerogative under this |
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section to represent the state in that criminal matter. |
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(b) When the district attorney elected under this |
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subchapter provides the notification described in subsection (a), |
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the district or county attorney that would otherwise represent the |
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state may not represent the state in that criminal matter unless and |
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until the district attorney relinquishes his representation of the |
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state as described in subsection(c). However, such district or |
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county attorney may assist in the representation under the |
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supervision of the district attorney elected under this subchapter. |
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(c) A district attorney that provides the notification |
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described in subsection (a) may relinquish his representation of |
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the state if the district attorney |
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(1) notifies the district or county attorney that would |
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otherwise represent the state in that criminal matter that the |
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district attorney is relinquishing his representation of the state |
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in that criminal matter; and |
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(2) if judicial proceedings are pending, notifies the court |
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that the district attorney is relinquishing his prerogative to |
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represent the state in that criminal matter. |
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(d) Notwithstanding any other law, including Chapter 13A, |
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Code of Criminal Procedure, a district attorney elected under this |
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subchapter that represents the state in a criminal matter may |
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prosecute that criminal matter in any county within his region, as |
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defined by section 43.201(b), 43.202(b), 43.203(b), and 43.204(b), |
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and the region shall be a "district" that "shall have been |
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previously ascertained by law" for purposes of the Sixth Amendment |
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to the Constitution of the United States. |
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(e) If judicial proceedings were pending at the time the |
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district attorney provided the notice described in subsection (a), |
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the district attorney may transfer the prosecution of that criminal |
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matter to another county selected by the district attorney within |
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the region, as defined by section 43.201(b) or 43.202(b), unless |
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jeopardy has already attached. A district attorney that seeks to |
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transfer prosecution under this subsection must file a motion to |
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transfer venue within 14 days of providing the notice described in |
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subsection (a), and the court must grant the district attorney's |
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motion to transfer venue if it complies with the requirements of |
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this section. |
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(f) Notwithstanding subsection (e), a court to which a case |
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is transferred under subsection (e) may grant a defendant's motion |
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to transfer venue to another county if the court finds the |
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defendant's right to due process or due course of law would be |
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violated absent a transfer. If the state is represented by a |
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district attorney elected under this subchapter, the court shall |
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give priority to a county within the region of that district |
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attorney. |
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Sec. 43.230. FUNDING OF DISTRICT ATTORNEY OFFICES. (a) The |
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legislature through a general appropriations act shall appropriate |
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funding to support the office of a district attorney elected under |
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this subchapter, including for employment of assistant district |
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attorneys, investigators, and other support staff and for other |
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expenses. |
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SECTION 2. 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 the Northeast Texas, Central |
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Texas, Southeast Texas, and South Texas Regions, Kenedy and Kleberg |
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Counties, and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, |
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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, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, |
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198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, |
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268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th, |
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452nd, and 506th judicial districts; |
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(2) the criminal district attorneys for the counties of |
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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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Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San |
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Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, |
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Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of district |
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attorneys in the counties of Andrews, Aransas, Burleson, Callahan, |
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Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone, |
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Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee, |
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Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange, |
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Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and |
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Willacy. |
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SECTION 3. Chapter 2A, Code of Criminal Procedure, is |
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amended by adding article 2A.112 to read as follows: |
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Art. 2A.112. Notwithstanding any other law, a district |
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attorney described by Chapter 43, Subchapter C, Government Code, |
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shall represent the state in any criminal case in which the district |
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attorney has provided the notice described in section 43.220(a), |
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Government Code, unless the district attorney has relinquished his |
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representation of the state as described in section 43.220(c), |
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Government Code. |
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SECTION 4. Article 2A.209, Code of Criminal Procedure, is |
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amended by adding subsection (d) to read as follows: |
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(d) If a law enforcement agency is located in a county |
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served by more than one district attorney, including a district |
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attorney described by Subchapter C, Chapter 43, Government Code, |
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upon filing a case with an attorney representing the state, the law |
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enforcement agency shall notify each district attorney of the |
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filing. |
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SECTION 5. Article 15.17, Code of Criminal Procedure, is |
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amended by adding subsection (h) to read as follows: |
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(h) Upon exercising the duties described in subsection (a), |
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a magistrate shall promptly notify each district attorney, |
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including a district attorney described by Subchapter C, Chapter |
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43, Government Code, of the name of the arrested person, the date of |
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the arrest, the offenses charged, and any actions taken by the |
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magistrate with regard to the case. |
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SECTION 6. The initial vacancies in the offices of District |
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Attorney for the Northeast Texas, Central Texas, Southeast Texas, |
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and South Texas Regions shall be filled by appointment. |
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SECTION 7. This Act takes effect September 1, 2025. |