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