88R3456 EAS-F
By: Spiller H.B. No. 1130
A BILL TO BE ENTITLED
AN ACT
relating to a district or county attorney participating as counsel
in certain proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.08(a), Code of Criminal Procedure, is
amended to read as follows:
(a) District and county attorneys shall not be of counsel
adversely to the State in any criminal case, in any court, nor shall
they, after they cease to be such officers, be of counsel adversely
to the State in any case in which they have been of counsel for the
State.
SECTION 2. The change in law made by this Act applies only
to the prosecution of an offense committed on or after the effective
date of this Act. The prosecution of an offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2023.