By: Spiller H.B. No. 4803
A BILL TO BE ENTITLED
AN ACT
relating to the creation of offices of District Attorney for the
Northeast Texas, Central Texas, Southeast Texas, and South Texas
Regions and the powers and duties of and related to such officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 43, Government Code, is amended by
adding Subchapter C, to read as follows:
SUBCHAPTER C. PROVISIONS APPLICABLE TO DISTRICT ATTORNEYS FOR THE
NORTHEAST TEXAS, CENTRAL TEXAS, SOUTHEAST TEXAS AND SOUTH TEXAS
REGIONS.
Sec. 43.201. DISTRICT ATTORNEY FOR THE NORTHEAST TEXAS
REGION. (a) The voters of the Northeast Texas Region elect a
district attorney who represents the state in all cases before the
district courts in the counties of the region.
(b) The Northeast Texas Region is composed of Bowie, Camp,
Cass, Collin, Dallas, Delta, Fannin, Franklin, Grayson, Gregg,
Harrison, Hopkins, Hunt, Kaufman, Lamar, Marion, Morris, Panola,
Red River, Rockwall, Rusk, Titus, Upshur, and Wood Counties.
(c) The district attorney has the same powers and duties as
other district attorneys and serves the district courts of the
counties of the region.
(d) The district attorney for the Northeast Texas Region and
the district attorneys of the other judicial districts within that
region shall assist each other in the conduct of their duties.
Sec. 43.202. DISTRICT ATTORNEY FOR THE CENTRAL TEXAS
REGION. (a) The voters of the Central Texas Region elect a district
attorney who represents the state in all cases before the district
courts in the counties of the region.
(b) The Central Texas Region is composed of Bastrop, Bell,
Blanco, Bosque, Brazos, Burnet, Burleson, Caldwell, Coke, Comal,
Concho, Coryell, Ellis, Falls, Fayette, Freestone, Hamilton, Hays,
Hill, Irion, Johnson, Lampasas, Lee, Leon, Limestone, Llano,
Madison, McCulloch, McLennan, Milam, Mills, Navarro, Runnels,
Robertson, San Saba, Schleicher, Somervell, Sterling, Tom Green,
Travis, Walker, and Williamson Counties.
(c) The district attorney has the same powers and duties as
other district attorneys and serves the district courts of the
counties of the region.
(d) The district attorney for the Central Texas Region and
the district attorneys of the other judicial districts within that
region shall assist each other in the conduct of their duties.
Sec. 43.203. DISTRICT ATTORNEY FOR THE SOUTHEAST TEXAS
REGION. (a) The voters of the Southeast Texas Region elect a
district attorney who represents the state in all cases before the
district courts in the counties of the region.
(b) The Southeast Texas Region is composed of Austin,
Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes,
Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Newton,
Orange, Polk, San Jacinto, Tyler, Waller, and Washington Counties.
(c) The district attorney has the same powers and duties as
other district attorneys and serves the district courts of the
counties of the region.
(d) The district attorney for the Southeast Texas Region and
the district attorneys of the other judicial districts within that
region shall assist each other in the conduct of their duties.
Sec. 43.204. DISTRICT ATTORNEY FOR THE SOUTH TEXAS REGION.
(a) The voters of the South Texas Region elect a district attorney
who represents the state in all cases before the district courts in
the counties of the region.
(b) The South Texas Region is composed of Aransas, Atascosa,
Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, De Witt, Dimmit,
Duval, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe,
Hidalgo, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy,
Kerr, Kimble, Kinney, Kleberg, La Salle, Lavaca, Live Oak,
Matagorda, Mason, Maverick, McMullen, Medina, Menard, Nueces,
Real, Refugio, San Patricio, Starr, Sutton, Uvalde, Val Verde,
Victoria, Webb, Wharton, Willacy, Wilson, Zapata, Zavala.
(c) The district attorney has the same powers and duties as
other district attorneys and serves the district courts of the
counties of the region.
(d) The district attorney for the South Texas Region and the
district attorneys of the other judicial districts within that
region shall assist each other in the conduct of their duties.
Sec. 43.210. REGIONS CONSIDERED A DISTRICT. The Northeast
Texas Region, Central Texas Region, Southeast Texas Region, and
South Texas Region described in this subchapter shall be considered
a "district" that "shall have been previously ascertained by law"
for purposes of the Sixth Amendment to the Constitution of the
United States.
Sec. 43.220. ASSERTING AND RELINQUISHING REPRESENTATION.
(a) Notwithstanding any other law, a district attorney elected
under this subchapter shall represent the state in any criminal
matter in the district and inferior courts in any county within his
region, and shall perform the other duties that are conferred by
general law on district and county attorneys, if the district
attorney:
(1) notifies the district or county attorney that would
otherwise represent the state in that criminal matter that the
district attorney is asserting his prerogative under this section
to represent the state; and
(2) if judicial proceedings are pending, notifies the court
that the district attorney is asserting his prerogative under this
section to represent the state in that criminal matter.
(b) When the district attorney elected under this
subchapter provides the notification described in subsection (a),
the district or county attorney that would otherwise represent the
state may not represent the state in that criminal matter unless and
until the district attorney relinquishes his representation of the
state as described in subsection(c). However, such district or
county attorney may assist in the representation under the
supervision of the district attorney elected under this subchapter.
(c) A district attorney that provides the notification
described in subsection (a) may relinquish his representation of
the state if the district attorney
(1) notifies the district or county attorney that would
otherwise represent the state in that criminal matter that the
district attorney is relinquishing his representation of the state
in that criminal matter; and
(2) if judicial proceedings are pending, notifies the court
that the district attorney is relinquishing his prerogative to
represent the state in that criminal matter.
(d) Notwithstanding any other law, including Chapter 13A,
Code of Criminal Procedure, a district attorney elected under this
subchapter that represents the state in a criminal matter may
prosecute that criminal matter in any county within his region, as
defined by section 43.201(b), 43.202(b), 43.203(b), and 43.204(b),
and the region shall be a "district" that "shall have been
previously ascertained by law" for purposes of the Sixth Amendment
to the Constitution of the United States.
(e) If judicial proceedings were pending at the time the
district attorney provided the notice described in subsection (a),
the district attorney may transfer the prosecution of that criminal
matter to another county selected by the district attorney within
the region, as defined by section 43.201(b) or 43.202(b), unless
jeopardy has already attached. A district attorney that seeks to
transfer prosecution under this subsection must file a motion to
transfer venue within 14 days of providing the notice described in
subsection (a), and the court must grant the district attorney's
motion to transfer venue if it complies with the requirements of
this section.
(f) Notwithstanding subsection (e), a court to which a case
is transferred under subsection (e) may grant a defendant's motion
to transfer venue to another county if the court finds the
defendant's right to due process or due course of law would be
violated absent a transfer. If the state is represented by a
district attorney elected under this subchapter, the court shall
give priority to a county within the region of that district
attorney.
Sec. 43.230. FUNDING OF DISTRICT ATTORNEY OFFICES. (a) The
legislature through a general appropriations act shall appropriate
funding to support the office of a district attorney elected under
this subchapter, including for employment of assistant district
attorneys, investigators, and other support staff and for other
expenses.
SECTION 2. Section 46.002, Government Code, is amended to
read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county prosecutors,
and the following state prosecutors:
(1) the district attorneys for the Northeast Texas, Central
Texas, Southeast Texas, and South Texas Regions, Kenedy and Kleberg
Counties, and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
452nd, and 506th judicial districts;
(2) the criminal district attorneys for the counties of
Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of district
attorneys in the counties of Andrews, Aransas, Burleson, Callahan,
Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee,
Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
Willacy.
SECTION 3. Chapter 2A, Code of Criminal Procedure, is
amended by adding article 2A.112 to read as follows:
Art. 2A.112. Notwithstanding any other law, a district
attorney described by Chapter 43, Subchapter C, Government Code,
shall represent the state in any criminal case in which the district
attorney has provided the notice described in section 43.220(a),
Government Code, unless the district attorney has relinquished his
representation of the state as described in section 43.220(c),
Government Code.
SECTION 4. Article 2A.209, Code of Criminal Procedure, is
amended by adding subsection (d) to read as follows:
(d) If a law enforcement agency is located in a county
served by more than one district attorney, including a district
attorney described by Subchapter C, Chapter 43, Government Code,
upon filing a case with an attorney representing the state, the law
enforcement agency shall notify each district attorney of the
filing.
SECTION 5. Article 15.17, Code of Criminal Procedure, is
amended by adding subsection (h) to read as follows:
(h) Upon exercising the duties described in subsection (a),
a magistrate shall promptly notify each district attorney,
including a district attorney described by Subchapter C, Chapter
43, Government Code, of the name of the arrested person, the date of
the arrest, the offenses charged, and any actions taken by the
magistrate with regard to the case.
SECTION 6. The initial vacancies in the offices of District
Attorney for the Northeast Texas, Central Texas, Southeast Texas,
and South Texas Regions shall be filled by appointment.
SECTION 7. This Act takes effect September 1, 2025.