| 1 | 1 | | 81R1201 PEP-D |
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| 2 | 2 | | By: Christian H.B. No. 566 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to proper venue for certain criminal prosecutions of an |
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| 8 | 8 | | elected state officer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 13, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 13.33 to read as follows: |
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| 12 | 12 | | Art. 13.33. PROSECUTION OF ELECTED STATE OFFICER. (a) For |
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| 13 | 13 | | purposes of this article, the following are offenses against public |
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| 14 | 14 | | administration: |
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| 15 | 15 | | (1) an offense under Title 8, Penal Code, committed by |
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| 16 | 16 | | a state officer in connection with the powers and duties of the |
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| 17 | 17 | | state office; |
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| 18 | 18 | | (2) an offense under Chapter 301, 302, 305, 571, 572, |
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| 19 | 19 | | or 2004, Government Code; |
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| 20 | 20 | | (3) an offense under Chapter 573, Government Code, |
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| 21 | 21 | | committed by a state officer in connection with the powers and |
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| 22 | 22 | | duties of the state office; and |
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| 23 | 23 | | (4) an offense under Title 15, Election Code, |
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| 24 | 24 | | committed in connection with a campaign for or the holding of state |
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| 25 | 25 | | office. |
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| 26 | 26 | | (b) The only proper county for the prosecution of an offense |
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| 27 | 27 | | involving official misconduct or an offense against public |
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| 28 | 28 | | administration committed by an individual who is an elected state |
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| 29 | 29 | | officer or who is appointed to fill a vacancy in an elective office |
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| 30 | 30 | | of state government is the county in which the individual resides. |
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| 31 | 31 | | SECTION 2. This Act applies only to the prosecution of an |
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| 32 | 32 | | offense commenced by the filing of an indictment or information on |
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| 33 | 33 | | or after the effective date of this Act. A prosecution commenced |
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| 34 | 34 | | before the effective date of this Act is governed by the law in |
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| 35 | 35 | | effect at the time the prosecution is commenced, and the former law |
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| 36 | 36 | | is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
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