| 1 | 1 | | 87R8186 ANG-D |
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| 2 | 2 | | By: Landgraf H.B. No. 4631 |
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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 powers and duties of the county attorney and |
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| 8 | 8 | | district attorney in Ector County. |
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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. Section 43.137, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) In addition to exercising the duties and authority |
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| 13 | 13 | | conferred on district attorneys by general law, the district |
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| 14 | 14 | | attorney represents the state in the district and inferior courts |
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| 15 | 15 | | in Ector County in all criminal cases, juvenile matters under Title |
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| 16 | 16 | | 3, Family Code, and matters involving children's protective |
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| 17 | 17 | | services. |
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| 18 | 18 | | (d) The district attorney has no power, duty, or privilege |
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| 19 | 19 | | in any civil matter, other than civil asset forfeiture and civil |
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| 20 | 20 | | bond forfeiture matters. |
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| 21 | 21 | | SECTION 2. Subchapter B, Chapter 45, Government Code, is |
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| 22 | 22 | | amended by adding Section 45.168 to read as follows: |
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| 23 | 23 | | Sec. 45.168. ECTOR COUNTY. (a) It is the primary duty of |
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| 24 | 24 | | the county attorney in Ector County to represent the state, Ector |
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| 25 | 25 | | County, and the officials of the county in all civil matters, other |
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| 26 | 26 | | than asset forfeiture and bond forfeiture matters for which the |
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| 27 | 27 | | district attorney is responsible, pending before the courts of |
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| 28 | 28 | | Ector County and any other court in which the state, Ector County, |
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| 29 | 29 | | or the county officials have matters pending. |
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| 30 | 30 | | (b) The county attorney has no power, duty, or privilege in |
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| 31 | 31 | | Ector County relating to criminal matters, juvenile matters under |
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| 32 | 32 | | Title 3, Family Code, or matters involving children's protective |
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| 33 | 33 | | services. |
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| 34 | 34 | | SECTION 3. Section 43.137, Government Code, as amended by |
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| 35 | 35 | | this Act, and Section 45.168, Government Code, as added by this Act, |
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| 36 | 36 | | apply only to a proceeding commenced on or after the effective date |
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| 37 | 37 | | of this Act. A proceeding commenced before the effective date of |
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| 38 | 38 | | this Act is governed by the law in effect on the date the proceeding |
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| 39 | 39 | | was commenced, and the former law is continued in effect for that |
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| 40 | 40 | | purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2021. |
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