| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to a district or county attorney participating as counsel |
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| 8 | 10 | | in certain proceedings. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Article 2A.105(b), Code of Criminal Procedure, |
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| 11 | 13 | | is amended to read as follows: |
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| 12 | 14 | | (b) A district or county attorney may not: |
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| 13 | 15 | | (1) be of counsel adversely to the state in any case in |
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| 14 | 16 | | any court except as an attorney ad litem appointed under Chapter |
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| 15 | 17 | | 262, Family Code; or |
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| 16 | 18 | | (2) after the attorney ceases to be a district or |
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| 17 | 19 | | county attorney, be of counsel adversely to the state in any case in |
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| 18 | 20 | | which the attorney has been of counsel for the state. |
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| 19 | 21 | | SECTION 2. The change in law made by this Act applies only |
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| 20 | 22 | | to the prosecution of an offense committed on or after the effective |
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| 21 | 23 | | date of this Act. The prosecution of an offense committed before |
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| 22 | 24 | | the effective date of this Act is governed by the law in effect on |
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| 23 | 25 | | the date the offense was committed, and the former law is continued |
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| 24 | 26 | | in effect for that purpose. For purposes of this section, an |
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| 25 | 27 | | offense was committed before the effective date of this Act if any |
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| 26 | 28 | | element of the offense occurred before that date. |
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| 27 | 29 | | SECTION 3. This Act takes effect September 1, 2025. |
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