89R15358 BCH-F
By: Hughes S.B. No. 2384
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional
Administrative Judicial Districts, the creation of the office of
regional district attorney for each district, and the powers and
duties of regional district attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND REGIONAL
DISTRICT ATTORNEYS
SECTION 1.01. Subtitle C, Title 2, Government Code, is
amended by adding Chapter 44A to read as follows:
CHAPTER 44A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND
REGIONAL DISTRICT ATTORNEYS
SUBCHAPTER A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS
Sec. 44A.001. 1ST REGIONAL ADMINISTRATIVE JUDICIAL
DISTRICT. The 1st Regional Administrative Judicial District is
composed of the following counties: Anderson, Angelina, Bowie,
Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin,
Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston,
Hunt, Jasper, Kaufman, Lamar, Leon, Madison, Marion, Morris,
Nacogdoches, Navarro, Newton, Panola, Polk, Rains, Red River,
Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus,
Trinity, Tyler, Upshur, Van Zandt, and Wood.
Sec. 44A.002. 2ND REGIONAL ADMINISTRATIVE JUDICIAL
DISTRICT. The 2nd Regional Administrative Judicial District is
composed of the following counties: Brazoria, Chambers, Fort Bend,
Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange,
San Jacinto, Walker, and Waller.
Sec. 44A.003. 3RD REGIONAL ADMINISTRATIVE JUDICIAL
DISTRICT. The 3rd Regional Administrative Judicial District is
composed of the following counties: Aransas, Atascosa, Bandera,
Bee, Bexar, Brooks, Calhoun, Cameron, Comal, Concho, Crockett,
Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Hidalgo, Irion,
Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,
Kleberg, La Salle, Live Oak, Llano, Mason, Maverick, McCulloch,
McMullen, Medina, Menard, Nueces, Reagan, Real, Refugio, San
Patricio, San Saba, Schleicher, Starr, Sutton, Terrell, Tom Green,
Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala.
Sec. 44A.004. 4TH REGIONAL ADMINISTRATIVE JUDICIAL
DISTRICT. The 4th Regional Administrative Judicial District is
composed of the following counties: Austin, Bastrop, Bell, Blanco,
Bosque, Brazos, Brown, Burleson, Burnet, Caldwell, Callahan,
Coleman, Colorado, Comanche, Coryell, DeWitt, Eastland, Erath,
Falls, Fayette, Gonzales, Grimes, Guadalupe, Hamilton, Hays, Hill,
Hood, Jackson, Johnson, Lampasas, Lavaca, Lee, Limestone,
Matagorda, McLennan, Milam, Mills, Palo Pinto, Parker, Robertson,
Somervell, Travis, Victoria, Washington, Wharton, and Williamson.
Sec. 44A.005. 5TH REGIONAL ADMINISTRATIVE JUDICIAL
DISTRICT. The 5th Regional Administrative Judicial District is
composed of the following counties: Andrews, Archer, Armstrong,
Bailey, Baylor, Borden, Brewster, Briscoe, Carson, Castro,
Childress, Clay, Cochran, Coke, Collingsworth, Cooke, Cottle,
Crane, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Denton,
Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines,
Garza, Glasscock, Gray, Grayson, Hale, Hall, Hansford, Hardeman,
Hartley, Haskell, Hemphill, Hockley, Howard, Hudspeth, Hutchinson,
Jack, Jeff Davis, Jones, Kent, King, Knox, Lamb, Lipscomb, Loving,
Lubbock, Lynn, Martin, Midland, Mitchell, Montague, Moore, Motley,
Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio,
Randall, Reeves, Roberts, Runnels, Scurry, Shackelford, Sherman,
Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terry,
Throckmorton, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler,
Wise, Yoakum, and Young.
SUBCHAPTER B. REGIONAL DISTRICT ATTORNEYS
Sec. 44A.101. TERM. A regional district attorney serving a
regional administrative judicial district shall serve a four-year
term as required under Section 21, Article V, Texas Constitution.
Sec. 44A.102. POWERS AND DUTIES. (a) A regional district
attorney serving a regional administrative judicial district has
the same powers and duties provided by the constitution and general
law for district attorneys.
(b) A regional district attorney serving a regional
administrative judicial district shall represent this state in the
district and inferior courts of the counties within the attorney's
regional administrative judicial district.
(c) A regional district attorney and each prosecuting
attorney for a county or judicial district that sits wholly or
partly within a regional district attorney's regional
administrative judicial district shall assist one another in the
conduct of their duties.
Sec. 44A.103. TRANSFER OF CASES. (a) A regional district
attorney may prosecute a criminal case instead of the prosecuting
attorney who would otherwise represent this state in the case if:
(1) the prosecuting attorney who would otherwise
represent this state in the case is:
(A) a county attorney of a county in the regional
district attorney's regional administrative judicial district; or
(B) a district attorney of a judicial district
composed wholly or partly of a county in the regional district
attorney's regional administrative judicial district; and
(2) the regional district attorney:
(A) notifies the county attorney or district
attorney that the regional district attorney intends to prosecute
the case; and
(B) if applicable, informs the court in which the
case is pending that the regional district attorney intends to
prosecute the case.
(b) A county attorney or district attorney who receives
notice under Subsection (a)(2) may not represent this state in the
case subject to the notice unless the regional district attorney
notifies:
(1) the county attorney or district attorney who would
otherwise represent this state in the case that the regional
district attorney no longer intends to prosecute the case; and
(2) if applicable, the court in which the case is
pending that the regional district attorney no longer intends to
prosecute the case.
(c) A county attorney or district attorney who receives
notice under Subsection (a)(2) may assist the regional district
attorney with the prosecution of a case transferred to the regional
district attorney with the consent and under the supervision of the
regional district attorney.
Sec. 44A.104. VENUE. (a) Notwithstanding Chapter 13A,
Code of Criminal Procedure, or any other law, a regional district
attorney may prosecute a case transferred to the attorney under
Section 44A.103 in any county in the regional district attorney's
regional administrative judicial district if venue would otherwise
be proper in any county in that district under Chapter 13A, Code of
Criminal Procedure.
(b) A court shall grant a motion to change venue filed by a
regional district attorney if:
(1) the motion was filed in a case pending at the time
the attorney provided the required notice under Section
44A.103(a)(2)(B);
(2) the venue selected by the attorney is for a county
within the attorney's regional administrative judicial district;
(3) jeopardy has not attached in the case; and
(4) the motion to change venue was filed not later than
the 14th day after the date the attorney provided the required
notice under Section 44A.103(a)(2)(B).
(c) A court may grant a motion to transfer filed by a
defendant in a case prosecuted by a regional district attorney on
the court's finding that the defendant's right to due process or due
course of law would be infringed if the venue remains unchanged. If
a motion is granted under this section, the court, when selecting a
venue, shall give preference to another venue within the
jurisdiction of the regional district attorney.
SUBCHAPTER C. PROVISIONS APPLICABLE TO SPECIFIC REGIONAL DISTRICT
ATTORNEYS
Sec. 44A.201. 1ST REGIONAL DISTRICT ATTORNEY. The voters
of Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Dallas,
Delta, Ellis, Fannin, Franklin, Freestone, Gregg, Harrison,
Henderson, Hopkins, Houston, Hunt, Jasper, Kaufman, Lamar, Leon,
Madison, Marion, Morris, Nacogdoches, Navarro, Newton, Panola,
Polk, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine,
Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood
Counties elect a regional district attorney for the 1st Regional
Administrative Judicial District who represents this state in the
district and inferior courts of those counties.
Sec. 44A.202. 2ND REGIONAL DISTRICT ATTORNEY. The voters
of Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris,
Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker, and
Waller Counties elect a regional district attorney for the 2nd
Regional Administrative Judicial District who represents this
state in the district and inferior courts of those counties.
Sec. 44A.203. 3RD REGIONAL DISTRICT ATTORNEY. The voters
of Aransas, Atascosa, Bandera, Bee, Bexar, Brooks, Calhoun,
Cameron, Comal, Concho, Crockett, Dimmit, Duval, Edwards, Frio,
Gillespie, Goliad, Hidalgo, Irion, Jim Hogg, Jim Wells, Karnes,
Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak,
Llano, Mason, Maverick, McCulloch, McMullen, Medina, Menard,
Nueces, Reagan, Real, Refugio, San Patricio, San Saba, Schleicher,
Starr, Sutton, Terrell, Tom Green, Uvalde, Val Verde, Webb,
Willacy, Wilson, Zapata, and Zavala Counties elect a regional
district attorney for the 3rd Regional Administrative Judicial
District who represents this state in the district and inferior
courts of those counties.
Sec. 44A.204. 4TH REGIONAL DISTRICT ATTORNEY. The voters
of Austin, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson,
Burnet, Caldwell, Callahan, Coleman, Colorado, Comanche, Coryell,
DeWitt, Eastland, Erath, Falls, Fayette, Gonzales, Grimes,
Guadalupe, Hamilton, Hays, Hill, Hood, Jackson, Johnson, Lampasas,
Lavaca, Lee, Limestone, Matagorda, McLennan, Milam, Mills, Palo
Pinto, Parker, Robertson, Somervell, Travis, Victoria, Washington,
Wharton, and Williamson Counties elect a regional district attorney
for the 4th Regional Administrative Judicial District who
represents this state in the district and inferior courts of those
counties.
Sec. 44A.205. 5TH REGIONAL DISTRICT ATTORNEY. The voters
of Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster,
Briscoe, Carson, Castro, Childress, Clay, Cochran, Coke,
Collingsworth, Cooke, Cottle, Crane, Crosby, Culberson, Dallam,
Dawson, Deaf Smith, Denton, Dickens, Donley, Ector, El Paso,
Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Grayson,
Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill,
Hockley, Howard, Hudspeth, Hutchinson, Jack, Jeff Davis, Jones,
Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin,
Midland, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree,
Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reeves, Roberts,
Runnels, Scurry, Shackelford, Sherman, Stephens, Sterling,
Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Upton,
Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young
Counties elect a regional district attorney for the 5th Regional
Administrative Judicial District who represents this state in the
district and inferior courts of those counties.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Subchapter C, Chapter 2A, Code of Criminal
Procedure, is amended by adding Article 2A.1025 to read as follows:
Art. 2A.1025. DUTIES OF REGIONAL DISTRICT ATTORNEYS. (a)
Each regional district attorney shall represent the state in all
criminal cases in which the attorney provides the notice required
under Section 44A.103(a), Government Code, and has not provided
notice under Section 44A.103(b), Government Code.
(b) The regional district attorney shall represent the
state in the appeal of a case prosecuted by the regional district
attorney.
SECTION 2.02. 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 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;
(2-a) the regional district attorneys for the 1st,
2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts;
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.
ARTICLE 3. CREATION AND EFFECTIVE DATES
SECTION 3.01. The 1st, 2nd, 3rd, 4th, and 5th Regional
Administrative Judicial Districts and the offices of regional
district attorney for the 1st, 2nd, 3rd, 4th, and 5th Regional
Administrative Judicial Districts are created on the effective date
of this Act.
SECTION 3.02. This Act takes effect September 1, 2025.