| 1 | 1 | | 83R5730 JRR-F |
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| 2 | 2 | | By: Otto H.B. No. 3192 |
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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 the operation of the special prosecution unit. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 41.303, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsections (c) and (d) to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (a) The unit is governed by a board of directors composed of |
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| 13 | 13 | | each prosecuting attorney who: |
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| 14 | 14 | | (1) represents the state in criminal matters before a |
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| 15 | 15 | | court in a county in which one or more facilities owned or operated |
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| 16 | 16 | | by or under contract with the department or the commission are |
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| 17 | 17 | | located; and |
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| 18 | 18 | | (2) has entered into a memorandum of understanding |
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| 19 | 19 | | with the unit for the prosecution of offenses and delinquent |
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| 20 | 20 | | conduct described by Article 104.003(a), Code of Criminal |
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| 21 | 21 | | Procedure. |
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| 22 | 22 | | (c) The board of directors shall meet annually for the |
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| 23 | 23 | | purpose of electing the executive board and approving or amending |
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| 24 | 24 | | bylaws governing the unit. |
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| 25 | 25 | | (d) A majority of the members of the board of directors |
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| 26 | 26 | | constitutes a quorum for the transaction of business. The board of |
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| 27 | 27 | | directors must approve any action by a majority vote of the members |
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| 28 | 28 | | present. |
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| 29 | 29 | | SECTION 2. Section 41.304, Government Code, is amended by |
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| 30 | 30 | | amending Subsection (b) and adding Subsections (c) and (d) to read |
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| 31 | 31 | | as follows: |
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| 32 | 32 | | (b) If a vacancy on the executive board occurs before the |
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| 33 | 33 | | end of the vacating member's term, the executive board [of |
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| 34 | 34 | | directors] shall elect a person to serve the remainder of the |
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| 35 | 35 | | [vacating member's] term [in the manner provided by Subsection |
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| 36 | 36 | | (a)]. To be eligible for election under this subsection, a person |
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| 37 | 37 | | must meet any qualifications required of the vacating member for |
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| 38 | 38 | | service on the executive board. |
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| 39 | 39 | | (c) The executive board shall conduct the business of the |
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| 40 | 40 | | unit. |
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| 41 | 41 | | (d) A majority of the members of the executive board |
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| 42 | 42 | | constitutes a quorum for the transaction of business. The executive |
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| 43 | 43 | | board must approve any action by a majority vote of the members |
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| 44 | 44 | | present. |
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| 45 | 45 | | SECTION 3. Section 41.305(d), Government Code, is amended |
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| 46 | 46 | | to read as follows: |
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| 47 | 47 | | (d) If a vacancy occurs in the office of presiding officer |
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| 48 | 48 | | or assistant presiding officer before the end of the vacating |
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| 49 | 49 | | officer's term, the executive board [of directors] shall elect a |
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| 50 | 50 | | person to serve the remainder of the [vacating officer's] term [in |
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| 51 | 51 | | the manner provided by Subsection (a)]. |
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| 52 | 52 | | SECTION 4. Section 41.308, Government Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL |
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| 55 | 55 | | EMPLOYEES. The executive board [of directors], on a majority vote, |
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| 56 | 56 | | shall employ a person to serve as chief of the unit and additional |
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| 57 | 57 | | persons to accomplish the unit's purposes. The board of directors |
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| 58 | 58 | | may determine the compensation of the unit's employees. |
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| 59 | 59 | | SECTION 5. This Act takes effect September 1, 2013. |
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