Texas 2025 - 89th Regular

Texas House Bill HB4803 Compare Versions

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Version 2 (New)

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1	1		By: Spiller H.B. No. 4803
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the creation of offices of District Attorney for the
7	9		Northeast Texas, Central Texas, Southeast Texas, and South Texas
8	10		Regions and the powers and duties of and related to such officers.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 43, Government Code, is amended by
11	13		adding Subchapter C, to read as follows:
12	14		SUBCHAPTER C. PROVISIONS APPLICABLE TO DISTRICT ATTORNEYS FOR THE
13	15		NORTHEAST TEXAS, CENTRAL TEXAS, SOUTHEAST TEXAS AND SOUTH TEXAS
14	16		REGIONS.
15	17		Sec. 43.201. DISTRICT ATTORNEY FOR THE NORTHEAST TEXAS
16	18		REGION. (a) The voters of the Northeast Texas Region elect a
17	19		district attorney who represents the state in all cases before the
18	20		district courts in the counties of the region.
19	21		(b) The Northeast Texas Region is composed of Bowie, Camp,
20	22		Cass, Collin, Dallas, Delta, Fannin, Franklin, Grayson, Gregg,
21	23		Harrison, Hopkins, Hunt, Kaufman, Lamar, Marion, Morris, Panola,
22	24		Red River, Rockwall, Rusk, Titus, Upshur, and Wood Counties.
23	25		(c) The district attorney has the same powers and duties as
24	26		other district attorneys and serves the district courts of the
25	27		counties of the region.
26	28		(d) The district attorney for the Northeast Texas Region and
27	29		the district attorneys of the other judicial districts within that
28	30		region shall assist each other in the conduct of their duties.
29	31		Sec. 43.202. DISTRICT ATTORNEY FOR THE CENTRAL TEXAS
30	32		REGION. (a) The voters of the Central Texas Region elect a district
31	33		attorney who represents the state in all cases before the district
32	34		courts in the counties of the region.
33	35		(b) The Central Texas Region is composed of Bastrop, Bell,
34	36		Blanco, Bosque, Brazos, Burnet, Burleson, Caldwell, Coke, Comal,
35	37		Concho, Coryell, Ellis, Falls, Fayette, Freestone, Hamilton, Hays,
36	38		Hill, Irion, Johnson, Lampasas, Lee, Leon, Limestone, Llano,
37	39		Madison, McCulloch, McLennan, Milam, Mills, Navarro, Runnels,
38	40		Robertson, San Saba, Schleicher, Somervell, Sterling, Tom Green,
39	41		Travis, Walker, and Williamson Counties.
40	42		(c) The district attorney has the same powers and duties as
41	43		other district attorneys and serves the district courts of the
42	44		counties of the region.
43	45		(d) The district attorney for the Central Texas Region and
44	46		the district attorneys of the other judicial districts within that
45	47		region shall assist each other in the conduct of their duties.
46	48		Sec. 43.203. DISTRICT ATTORNEY FOR THE SOUTHEAST TEXAS
47	49		REGION. (a) The voters of the Southeast Texas Region elect a
48	50		district attorney who represents the state in all cases before the
49	51		district courts in the counties of the region.
50	52		(b) The Southeast Texas Region is composed of Austin,
51	53		Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes,
52	54		Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Newton,
53	55		Orange, Polk, San Jacinto, Tyler, Waller, and Washington Counties.
54	56		(c) The district attorney has the same powers and duties as
55	57		other district attorneys and serves the district courts of the
56	58		counties of the region.
57	59		(d) The district attorney for the Southeast Texas Region and
58	60		the district attorneys of the other judicial districts within that
59	61		region shall assist each other in the conduct of their duties.
60	62		Sec. 43.204. DISTRICT ATTORNEY FOR THE SOUTH TEXAS REGION.
61	63		(a) The voters of the South Texas Region elect a district attorney
62	64		who represents the state in all cases before the district courts in
63	65		the counties of the region.
64	66		(b) The South Texas Region is composed of Aransas, Atascosa,
65	67		Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, De Witt, Dimmit,
66	68		Duval, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe,
67	69		Hidalgo, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy,
68	70		Kerr, Kimble, Kinney, Kleberg, La Salle, Lavaca, Live Oak,
69	71		Matagorda, Mason, Maverick, McMullen, Medina, Menard, Nueces,
70	72		Real, Refugio, San Patricio, Starr, Sutton, Uvalde, Val Verde,
71	73		Victoria, Webb, Wharton, Willacy, Wilson, Zapata, Zavala.
72	74		(c) The district attorney has the same powers and duties as
73	75		other district attorneys and serves the district courts of the
74	76		counties of the region.
75	77		(d) The district attorney for the South Texas Region and the
76	78		district attorneys of the other judicial districts within that
77	79		region shall assist each other in the conduct of their duties.
78	80		Sec. 43.210. REGIONS CONSIDERED A DISTRICT. The Northeast
79	81		Texas Region, Central Texas Region, Southeast Texas Region, and
80	82		South Texas Region described in this subchapter shall be considered
81	83		a "district" that "shall have been previously ascertained by law"
82	84		for purposes of the Sixth Amendment to the Constitution of the
83	85		United States.
84	86		Sec. 43.220. ASSERTING AND RELINQUISHING REPRESENTATION.
85	87		(a) Notwithstanding any other law, a district attorney elected
86	88		under this subchapter shall represent the state in any criminal
87	89		matter in the district and inferior courts in any county within his
88	90		region, and shall perform the other duties that are conferred by
89	91		general law on district and county attorneys, if the district
90	92		attorney:
91	93		(1) notifies the district or county attorney that would
92	94		otherwise represent the state in that criminal matter that the
93	95		district attorney is asserting his prerogative under this section
94	96		to represent the state; and
95	97		(2) if judicial proceedings are pending, notifies the court
96	98		that the district attorney is asserting his prerogative under this
97	99		section to represent the state in that criminal matter.
98	100		(b) When the district attorney elected under this
99	101		subchapter provides the notification described in subsection (a),
100	102		the district or county attorney that would otherwise represent the
101	103		state may not represent the state in that criminal matter unless and
102	104		until the district attorney relinquishes his representation of the
103	105		state as described in subsection(c). However, such district or
104	106		county attorney may assist in the representation under the
105	107		supervision of the district attorney elected under this subchapter.
106	108		(c) A district attorney that provides the notification
107	109		described in subsection (a) may relinquish his representation of
108	110		the state if the district attorney
109	111		(1) notifies the district or county attorney that would
110	112		otherwise represent the state in that criminal matter that the
111	113		district attorney is relinquishing his representation of the state
112	114		in that criminal matter; and
113	115		(2) if judicial proceedings are pending, notifies the court
114	116		that the district attorney is relinquishing his prerogative to
115	117		represent the state in that criminal matter.
116	118		(d) Notwithstanding any other law, including Chapter 13A,
117	119		Code of Criminal Procedure, a district attorney elected under this
118	120		subchapter that represents the state in a criminal matter may
119	121		prosecute that criminal matter in any county within his region, as
120	122		defined by section 43.201(b), 43.202(b), 43.203(b), and 43.204(b),
121	123		and the region shall be a "district" that "shall have been
122	124		previously ascertained by law" for purposes of the Sixth Amendment
123	125		to the Constitution of the United States.
124	126		(e) If judicial proceedings were pending at the time the
125	127		district attorney provided the notice described in subsection (a),
126	128		the district attorney may transfer the prosecution of that criminal
127	129		matter to another county selected by the district attorney within
128	130		the region, as defined by section 43.201(b) or 43.202(b), unless
129	131		jeopardy has already attached. A district attorney that seeks to
130	132		transfer prosecution under this subsection must file a motion to
131	133		transfer venue within 14 days of providing the notice described in
132	134		subsection (a), and the court must grant the district attorney's
133	135		motion to transfer venue if it complies with the requirements of
134	136		this section.
135	137		(f) Notwithstanding subsection (e), a court to which a case
136	138		is transferred under subsection (e) may grant a defendant's motion
137	139		to transfer venue to another county if the court finds the
138	140		defendant's right to due process or due course of law would be
139	141		violated absent a transfer. If the state is represented by a
140	142		district attorney elected under this subchapter, the court shall
141	143		give priority to a county within the region of that district
142	144		attorney.
143	145		Sec. 43.230. FUNDING OF DISTRICT ATTORNEY OFFICES. (a) The
144	146		legislature through a general appropriations act shall appropriate
145	147		funding to support the office of a district attorney elected under
146	148		this subchapter, including for employment of assistant district
147	149		attorneys, investigators, and other support staff and for other
148	150		expenses.
149	151		SECTION 2. Section 46.002, Government Code, is amended to
150	152		read as follows:
151	153		Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
152	154		applies to the state prosecuting attorney, all county prosecutors,
153	155		and the following state prosecutors:
154	156		(1) the district attorneys for the Northeast Texas, Central
155	157		Texas, Southeast Texas, and South Texas Regions, Kenedy and Kleberg
156	158		Counties, and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
157	159		26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
158	160		42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
159	161		66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
160	162		97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
161	163		123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
162	164		198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
163	165		268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
164	166		452nd, and 506th judicial districts;
165	167		(2) the criminal district attorneys for the counties of
166	168		Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
167	169		Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
168	170		Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
169	171		Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
170	172		Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
171	173		Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
172	174		Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
173	175		(3) the county attorneys performing the duties of district
174	176		attorneys in the counties of Andrews, Aransas, Burleson, Callahan,
175	177		Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
176	178		Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee,
177	179		Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
178	180		Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
179	181		Willacy.
180	182		SECTION 3. Chapter 2A, Code of Criminal Procedure, is
181	183		amended by adding article 2A.112 to read as follows:
182	184		Art. 2A.112. Notwithstanding any other law, a district
183	185		attorney described by Chapter 43, Subchapter C, Government Code,
184	186		shall represent the state in any criminal case in which the district
185	187		attorney has provided the notice described in section 43.220(a),
186	188		Government Code, unless the district attorney has relinquished his
187	189		representation of the state as described in section 43.220(c),
188	190		Government Code.
189	191		SECTION 4. Article 2A.209, Code of Criminal Procedure, is
190	192		amended by adding subsection (d) to read as follows:
191	193		(d) If a law enforcement agency is located in a county
192	194		served by more than one district attorney, including a district
193	195		attorney described by Subchapter C, Chapter 43, Government Code,
194	196		upon filing a case with an attorney representing the state, the law
195	197		enforcement agency shall notify each district attorney of the
196	198		filing.
197	199		SECTION 5. Article 15.17, Code of Criminal Procedure, is
198	200		amended by adding subsection (h) to read as follows:
199	201		(h) Upon exercising the duties described in subsection (a),
200	202		a magistrate shall promptly notify each district attorney,
201	203		including a district attorney described by Subchapter C, Chapter
202	204		43, Government Code, of the name of the arrested person, the date of
203	205		the arrest, the offenses charged, and any actions taken by the
204	206		magistrate with regard to the case.
205	207		SECTION 6. The initial vacancies in the offices of District
206	208		Attorney for the Northeast Texas, Central Texas, Southeast Texas,
207	209		and South Texas Regions shall be filled by appointment.
208	210		SECTION 7. This Act takes effect September 1, 2025.