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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the county attorney and |
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district attorney in Ector County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.137, Government Code, is amended to |
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read as follows: |
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Sec. 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of the |
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70th Judicial District elect a district attorney. |
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(b) The district attorney of the 70th Judicial District |
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shall also act as district attorney for the 161st Judicial |
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District. |
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(c) In addition to exercising the duties and authority |
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conferred on district attorneys by general law, the district |
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attorney represents the state in the district and inferior courts |
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in Ector County in all criminal cases, juvenile matters under Title |
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3, Family Code, and matters involving children's protective |
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services. |
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(d) The district attorney has privilege in any civil matter, |
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including civil asset forfeiture, civil bond forfeiture, civil |
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commitment matters under Subtitle C, Title 7, Health and Safety |
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Code and matters involving children's protective services [no |
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power, duty, or privilege in any civil matter, other than civil |
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asset forfeiture and civil bond forfeiture matters]. |
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SECTION 2. Section 45.168, Government Code, is amended to |
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read as follows: |
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Sec. 45.168. ECTOR COUNTY. (a) It is the [primary] duty of |
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the county attorney in Ector County to represent the state, Ector |
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County, and the officials of the county in all civil matters, other |
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than asset forfeiture and bond forfeiture matters, matters |
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involving children's protective services, and civil commitment |
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matters under Subtitle C, Title 7, Health and Safety Code, for which |
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the district attorney is responsible, pending before the courts of |
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Ector County and any other court in which the state, Ector County, |
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or the county officials have matters pending. |
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(b) The county attorney in Ector County may represent the |
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state in the district and inferior courts in Ector County in all |
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misdemeanor criminal cases [The county attorney has no power, duty, |
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or privilege in Ector County relating to criminal matters, juvenile |
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matters under Title 3, Family Code, or matters involving children's |
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protective services]. |
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(c) At the request of the district attorney, the county |
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attorney may assist the district attorney in the prosecution of |
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felony criminal cases in Ector County. |
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(d) In addition to exercising the duties and authority |
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conferred on county attorneys by general law, the county attorney |
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has powers, duties, and privileges in Ector County relating to |
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protective orders and juvenile matters, including proceedings |
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under Title 3, Family Code. |
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SECTION 3. The amendment by this Act of Section 43.137 and |
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Section 45.168, Government Code, applies only to a proceeding |
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commenced on or after the effective date of this Act. A proceeding |
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commenced before the effective date of this Act is governed by the |
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law in effect on the date the proceeding was commenced, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |