| 2 | 4 | | |
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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to the powers and duties of the county attorney and |
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| 7 | 9 | | district attorney in Ector County. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 43.137, Government Code, is amended to |
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| 10 | 12 | | read as follows: |
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| 11 | 13 | | Sec. 43.137. 70TH JUDICIAL DISTRICT. (a) The voters of the |
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| 12 | 14 | | 70th Judicial District elect a district attorney. |
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| 13 | 15 | | (b) The district attorney of the 70th Judicial District |
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| 14 | 16 | | shall also act as district attorney for the 161st Judicial |
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| 15 | 17 | | District. |
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| 16 | 18 | | (c) In addition to exercising the duties and authority |
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| 17 | 19 | | conferred on district attorneys by general law, the district |
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| 18 | 20 | | attorney represents the state in the district and inferior courts |
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| 19 | 21 | | in Ector County in all criminal cases, juvenile matters under Title |
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| 20 | 22 | | 3, Family Code, and matters involving children's protective |
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| 21 | 23 | | services. |
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| 22 | 24 | | (d) The district attorney has privilege in any civil matter, |
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| 23 | 25 | | including civil asset forfeiture, civil bond forfeiture, civil |
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| 24 | 26 | | commitment matters under Subtitle C, Title 7, Health and Safety |
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| 25 | 27 | | Code and matters involving children's protective services [no |
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| 26 | 28 | | power, duty, or privilege in any civil matter, other than civil |
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| 27 | 29 | | asset forfeiture and civil bond forfeiture matters]. |
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| 28 | 30 | | SECTION 2. Section 45.168, Government Code, is amended to |
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| 29 | 31 | | read as follows: |
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| 30 | 32 | | Sec. 45.168. ECTOR COUNTY. (a) It is the [primary] duty of |
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| 31 | 33 | | the county attorney in Ector County to represent the state, Ector |
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| 32 | 34 | | County, and the officials of the county in all civil matters, other |
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| 33 | 35 | | than asset forfeiture and bond forfeiture matters, matters |
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| 34 | 36 | | involving children's protective services, and civil commitment |
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| 35 | 37 | | matters under Subtitle C, Title 7, Health and Safety Code, for which |
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| 36 | 38 | | the district attorney is responsible, pending before the courts of |
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| 37 | 39 | | Ector County and any other court in which the state, Ector County, |
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| 38 | 40 | | or the county officials have matters pending. |
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| 39 | 41 | | (b) The county attorney in Ector County may represent the |
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| 40 | 42 | | state in the district and inferior courts in Ector County in all |
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| 41 | 43 | | misdemeanor criminal cases [The county attorney has no power, duty, |
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| 42 | 44 | | or privilege in Ector County relating to criminal matters, juvenile |
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| 43 | 45 | | matters under Title 3, Family Code, or matters involving children's |
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| 44 | 46 | | protective services]. |
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| 45 | 47 | | (c) At the request of the district attorney, the county |
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| 46 | 48 | | attorney may assist the district attorney in the prosecution of |
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| 47 | 49 | | felony criminal cases in Ector County. |
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| 48 | 50 | | (d) In addition to exercising the duties and authority |
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| 49 | 51 | | conferred on county attorneys by general law, the county attorney |
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| 50 | 52 | | has powers, duties, and privileges in Ector County relating to |
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| 51 | 53 | | protective orders and juvenile matters, including proceedings |
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| 52 | 54 | | under Title 3, Family Code. |
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| 53 | 55 | | SECTION 3. The amendment by this Act of Section 43.137 and |
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| 54 | 56 | | Section 45.168, Government Code, applies only to a proceeding |
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| 55 | 57 | | commenced on or after the effective date of this Act. A proceeding |
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| 56 | 58 | | commenced before the effective date of this Act is governed by the |
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| 57 | 59 | | law in effect on the date the proceeding was commenced, and the |
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| 58 | 60 | | former law is continued in effect for that purpose. |
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| 59 | 61 | | SECTION 3. This Act takes effect September 1, 2025. |
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