1 | 1 | | By: Kolkhorst (Senate Sponsor - Hegar) H.B. No. 717 |
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2 | 2 | | (In the Senate - Received from the House May 2, 2013; |
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3 | 3 | | May 3, 2013, read first time and referred to Committee on |
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4 | 4 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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5 | 5 | | vote: Yeas 7, Nays 0; May 16, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the duties of and the application of the professional |
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11 | 11 | | prosecutors law to the county attorney in Lavaca County and to the |
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12 | 12 | | duties of the district attorney for the 25th Judicial District. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 43.112, Government Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | Sec. 43.112. 25TH JUDICIAL DISTRICT. The voters of |
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17 | 17 | | Gonzales and [,] Guadalupe Counties [, and Lavaca counties] elect a |
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18 | 18 | | district attorney for the 25th Judicial District who represents the |
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19 | 19 | | state in that district court only in those counties. In addition to |
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20 | 20 | | exercising the duties and authority conferred on district attorneys |
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21 | 21 | | by general law, the district attorney represents the state in all |
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22 | 22 | | criminal cases in the district courts in those counties. |
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23 | 23 | | SECTION 2. Subchapter B, Chapter 45, Government Code, is |
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24 | 24 | | amended by adding Section 45.243 to read as follows: |
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25 | 25 | | Sec. 45.243. LAVACA COUNTY. (a) In Lavaca County, the |
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26 | 26 | | county attorney of Lavaca County shall perform the duties imposed |
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27 | 27 | | on and have the powers conferred on district attorneys by general |
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28 | 28 | | law. |
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29 | 29 | | (b) The county attorney of Lavaca County or the |
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30 | 30 | | Commissioners Court of Lavaca County may accept gifts or grants |
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31 | 31 | | from any individual, partnership, corporation, trust, foundation, |
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32 | 32 | | association, or governmental entity for the purpose of financing or |
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33 | 33 | | assisting the operation of the office of county attorney in Lavaca |
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34 | 34 | | County. The county attorney shall account for and report to the |
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35 | 35 | | commissioners court all gifts or grants accepted under this |
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36 | 36 | | subsection. |
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37 | 37 | | SECTION 3. Section 46.002, Government Code, is amended to |
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38 | 38 | | read as follows: |
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39 | 39 | | Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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40 | 40 | | applies to the state prosecuting attorney, all county prosecutors, |
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41 | 41 | | and the following state prosecutors: |
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42 | 42 | | (1) the district attorneys for Kenedy and Kleberg |
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43 | 43 | | Counties and for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, |
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44 | 44 | | 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, |
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45 | 45 | | 39th, 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, |
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46 | 46 | | 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, |
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47 | 47 | | 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, |
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48 | 48 | | 123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, |
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49 | 49 | | 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, |
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50 | 50 | | 271st, 286th, 329th, 344th, 349th, 355th, and 506th judicial |
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51 | 51 | | districts; |
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52 | 52 | | (2) the criminal district attorneys for the counties |
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53 | 53 | | of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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54 | 54 | | Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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55 | 55 | | Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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56 | 56 | | Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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57 | 57 | | Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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58 | 58 | | Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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59 | 59 | | Waller, Wichita, Wood, and Yoakum; and |
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60 | 60 | | (3) the county attorneys performing the duties of |
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61 | 61 | | district attorneys in the counties of Andrews, Callahan, Cameron, |
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62 | 62 | | Castro, Colorado, Crosby, Ellis, Falls, Freestone, Lamar, Lamb, |
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63 | 63 | | Lampasas, Lavaca, Lee, Limestone, Marion, Milam, Morris, |
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64 | 64 | | Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Swisher, |
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65 | 65 | | Terry, Webb, and Willacy. |
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66 | 66 | | SECTION 4. This Act takes effect September 1, 2013. |
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67 | 67 | | * * * * * |
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