89R15358 BCH-F

By: Hughes S.B. No. 2384

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts, the creation of the office of regional district attorney for each district, and the powers and duties of regional district attorneys.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND REGIONAL

DISTRICT ATTORNEYS

SECTION 1.01. Subtitle C, Title 2, Government Code, is amended by adding Chapter 44A to read as follows:

CHAPTER 44A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND

REGIONAL DISTRICT ATTORNEYS

SUBCHAPTER A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS

Sec. 44A.001. 1ST REGIONAL ADMINISTRATIVE JUDICIAL DISTRICT. The 1st Regional Administrative Judicial District is composed of the following counties: Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Kaufman, Lamar, Leon, Madison, Marion, Morris, Nacogdoches, Navarro, Newton, Panola, Polk, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood.

Sec. 44A.002. 2ND REGIONAL ADMINISTRATIVE JUDICIAL DISTRICT. The 2nd Regional Administrative Judicial District is composed of the following counties: Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker, and Waller.

Sec. 44A.003. 3RD REGIONAL ADMINISTRATIVE JUDICIAL DISTRICT. The 3rd Regional Administrative Judicial District is composed of the following counties: Aransas, Atascosa, Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, Comal, Concho, Crockett, Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Hidalgo, Irion, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, Llano, Mason, Maverick, McCulloch, McMullen, Medina, Menard, Nueces, Reagan, Real, Refugio, San Patricio, San Saba, Schleicher, Starr, Sutton, Terrell, Tom Green, Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala.

Sec. 44A.004. 4TH REGIONAL ADMINISTRATIVE JUDICIAL DISTRICT. The 4th Regional Administrative Judicial District is composed of the following counties: Austin, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson, Burnet, Caldwell, Callahan, Coleman, Colorado, Comanche, Coryell, DeWitt, Eastland, Erath, Falls, Fayette, Gonzales, Grimes, Guadalupe, Hamilton, Hays, Hill, Hood, Jackson, Johnson, Lampasas, Lavaca, Lee, Limestone, Matagorda, McLennan, Milam, Mills, Palo Pinto, Parker, Robertson, Somervell, Travis, Victoria, Washington, Wharton, and Williamson.

Sec. 44A.005. 5TH REGIONAL ADMINISTRATIVE JUDICIAL DISTRICT. The 5th Regional Administrative Judicial District is composed of the following counties: Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster, Briscoe, Carson, Castro, Childress, Clay, Cochran, Coke, Collingsworth, Cooke, Cottle, Crane, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Denton, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Grayson, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill, Hockley, Howard, Hudspeth, Hutchinson, Jack, Jeff Davis, Jones, Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin, Midland, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reeves, Roberts, Runnels, Scurry, Shackelford, Sherman, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young.

SUBCHAPTER B. REGIONAL DISTRICT ATTORNEYS

Sec. 44A.101. TERM. A regional district attorney serving a regional administrative judicial district shall serve a four-year term as required under Section 21, Article V, Texas Constitution.

Sec. 44A.102. POWERS AND DUTIES. (a) A regional district attorney serving a regional administrative judicial district has the same powers and duties provided by the constitution and general law for district attorneys.

(b) A regional district attorney serving a regional administrative judicial district shall represent this state in the district and inferior courts of the counties within the attorney's regional administrative judicial district.

(c) A regional district attorney and each prosecuting attorney for a county or judicial district that sits wholly or partly within a regional district attorney's regional administrative judicial district shall assist one another in the conduct of their duties.

Sec. 44A.103. TRANSFER OF CASES. (a) A regional district attorney may prosecute a criminal case instead of the prosecuting attorney who would otherwise represent this state in the case if:

(1) the prosecuting attorney who would otherwise represent this state in the case is:

(A) a county attorney of a county in the regional district attorney's regional administrative judicial district; or

(B) a district attorney of a judicial district composed wholly or partly of a county in the regional district attorney's regional administrative judicial district; and

(2) the regional district attorney:

(A) notifies the county attorney or district attorney that the regional district attorney intends to prosecute the case; and

(B) if applicable, informs the court in which the case is pending that the regional district attorney intends to prosecute the case.

(b) A county attorney or district attorney who receives notice under Subsection (a)(2) may not represent this state in the case subject to the notice unless the regional district attorney notifies:

(1) the county attorney or district attorney who would otherwise represent this state in the case that the regional district attorney no longer intends to prosecute the case; and

(2) if applicable, the court in which the case is pending that the regional district attorney no longer intends to prosecute the case.

(c) A county attorney or district attorney who receives notice under Subsection (a)(2) may assist the regional district attorney with the prosecution of a case transferred to the regional district attorney with the consent and under the supervision of the regional district attorney.

Sec. 44A.104. VENUE. (a) Notwithstanding Chapter 13A, Code of Criminal Procedure, or any other law, a regional district attorney may prosecute a case transferred to the attorney under Section 44A.103 in any county in the regional district attorney's regional administrative judicial district if venue would otherwise be proper in any county in that district under Chapter 13A, Code of Criminal Procedure.

(b) A court shall grant a motion to change venue filed by a regional district attorney if:

(1) the motion was filed in a case pending at the time the attorney provided the required notice under Section 44A.103(a)(2)(B);

(2) the venue selected by the attorney is for a county within the attorney's regional administrative judicial district;

(3) jeopardy has not attached in the case; and

(4) the motion to change venue was filed not later than the 14th day after the date the attorney provided the required notice under Section 44A.103(a)(2)(B).

(c) A court may grant a motion to transfer filed by a defendant in a case prosecuted by a regional district attorney on the court's finding that the defendant's right to due process or due course of law would be infringed if the venue remains unchanged. If a motion is granted under this section, the court, when selecting a venue, shall give preference to another venue within the jurisdiction of the regional district attorney.

SUBCHAPTER C. PROVISIONS APPLICABLE TO SPECIFIC REGIONAL DISTRICT

ATTORNEYS

Sec. 44A.201. 1ST REGIONAL DISTRICT ATTORNEY. The voters of Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin, Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Kaufman, Lamar, Leon, Madison, Marion, Morris, Nacogdoches, Navarro, Newton, Panola, Polk, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood Counties elect a regional district attorney for the 1st Regional Administrative Judicial District who represents this state in the district and inferior courts of those counties.

Sec. 44A.202. 2ND REGIONAL DISTRICT ATTORNEY. The voters of Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker, and Waller Counties elect a regional district attorney for the 2nd Regional Administrative Judicial District who represents this state in the district and inferior courts of those counties.

Sec. 44A.203. 3RD REGIONAL DISTRICT ATTORNEY. The voters of Aransas, Atascosa, Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, Comal, Concho, Crockett, Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Hidalgo, Irion, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, Llano, Mason, Maverick, McCulloch, McMullen, Medina, Menard, Nueces, Reagan, Real, Refugio, San Patricio, San Saba, Schleicher, Starr, Sutton, Terrell, Tom Green, Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala Counties elect a regional district attorney for the 3rd Regional Administrative Judicial District who represents this state in the district and inferior courts of those counties.

Sec. 44A.204. 4TH REGIONAL DISTRICT ATTORNEY. The voters of Austin, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson, Burnet, Caldwell, Callahan, Coleman, Colorado, Comanche, Coryell, DeWitt, Eastland, Erath, Falls, Fayette, Gonzales, Grimes, Guadalupe, Hamilton, Hays, Hill, Hood, Jackson, Johnson, Lampasas, Lavaca, Lee, Limestone, Matagorda, McLennan, Milam, Mills, Palo Pinto, Parker, Robertson, Somervell, Travis, Victoria, Washington, Wharton, and Williamson Counties elect a regional district attorney for the 4th Regional Administrative Judicial District who represents this state in the district and inferior courts of those counties.

Sec. 44A.205. 5TH REGIONAL DISTRICT ATTORNEY. The voters of Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster, Briscoe, Carson, Castro, Childress, Clay, Cochran, Coke, Collingsworth, Cooke, Cottle, Crane, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Denton, Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Grayson, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill, Hockley, Howard, Hudspeth, Hutchinson, Jack, Jeff Davis, Jones, Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin, Midland, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reeves, Roberts, Runnels, Scurry, Shackelford, Sherman, Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young Counties elect a regional district attorney for the 5th Regional Administrative Judicial District who represents this state in the district and inferior courts of those counties.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Subchapter C, Chapter 2A, Code of Criminal Procedure, is amended by adding Article 2A.1025 to read as follows:

Art. 2A.1025. DUTIES OF REGIONAL DISTRICT ATTORNEYS. (a) Each regional district attorney shall represent the state in all criminal cases in which the attorney provides the notice required under Section 44A.103(a), Government Code, and has not provided notice under Section 44A.103(b), Government Code.

(b) The regional district attorney shall represent the state in the appeal of a case prosecuted by the regional district attorney.

SECTION 2.02. Section 46.002, Government Code, is amended to read as follows:

Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter applies to the state prosecuting attorney, all county prosecutors, and the following state prosecutors:

(1) the district attorneys for Kenedy and Kleberg Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, 123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th, 452nd, and 506th judicial districts;

(2) the criminal district attorneys for the counties of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison, Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and Yoakum;

(2-a) the regional district attorneys for the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts; and

(3) the county attorneys performing the duties of district attorneys in the counties of Andrews, Aransas, Burleson, Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and Willacy.

ARTICLE 3. CREATION AND EFFECTIVE DATES

SECTION 3.01. The 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts and the offices of regional district attorney for the 1st, 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts are created on the effective date of this Act.

SECTION 3.02. This Act takes effect September 1, 2025.