By: Landgraf H.B. No. 4934
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the county attorney and
district attorney in Ector County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.137, Government Code, is amended to
read as follows:
Sec. 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of the
70th Judicial District elect a district attorney.
(b) The district attorney of the 70th Judicial District
shall also act as district attorney for the 161st Judicial
District.
(c) In addition to exercising the duties and authority
conferred on district attorneys by general law, the district
attorney represents the state in the district and inferior courts
in Ector County in all criminal cases, juvenile matters under Title
3, Family Code, and matters involving children's protective
services.
(d) The district attorney has privilege in any civil matter,
including civil asset forfeiture, civil bond forfeiture, civil
commitment matters under Subtitle C, Title 7, Health and Safety
Code and matters involving children's protective services [no
power, duty, or privilege in any civil matter, other than civil
asset forfeiture and civil bond forfeiture matters].
SECTION 2. Section 45.168, Government Code, is amended to
read as follows:
Sec. 45.168. ECTOR COUNTY. (a) It is the [primary] duty of
the county attorney in Ector County to represent the state, Ector
County, and the officials of the county in all civil matters, other
than asset forfeiture and bond forfeiture matters, matters
involving children's protective services, and civil commitment
matters under Subtitle C, Title 7, Health and Safety Code, for which
the district attorney is responsible, pending before the courts of
Ector County and any other court in which the state, Ector County,
or the county officials have matters pending.
(b) The county attorney in Ector County may represent the
state in the district and inferior courts in Ector County in all
misdemeanor criminal cases [The county attorney has no power, duty,
or privilege in Ector County relating to criminal matters, juvenile
matters under Title 3, Family Code, or matters involving children's
protective services].
(c) At the request of the district attorney, the county
attorney may assist the district attorney in the prosecution of
felony criminal cases in Ector County.
(d) In addition to exercising the duties and authority
conferred on county attorneys by general law, the county attorney
has powers, duties, and privileges in Ector County relating to
protective orders and juvenile matters, including proceedings
under Title 3, Family Code.
SECTION 3. The amendment by this Act of Section 43.137 and
Section 45.168, Government Code, applies only to a proceeding
commenced on or after the effective date of this Act. A proceeding
commenced before the effective date of this Act is governed by the
law in effect on the date the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.