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Texas Senate Bill SB2384

Texas 2025 - 89th Regular

Texas Senate Bill SB2384 Compare Versions

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11 89R15358 BCH-F
22 By: Hughes S.B. No. 2384
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of the 1st, 2nd, 3rd, 4th, and 5th Regional
1010 Administrative Judicial Districts, the creation of the office of
1111 regional district attorney for each district, and the powers and
1212 duties of regional district attorneys.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 ARTICLE 1. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND REGIONAL
1515 DISTRICT ATTORNEYS
1616 SECTION 1.01. Subtitle C, Title 2, Government Code, is
1717 amended by adding Chapter 44A to read as follows:
1818 CHAPTER 44A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS AND
1919 REGIONAL DISTRICT ATTORNEYS
2020 SUBCHAPTER A. REGIONAL ADMINISTRATIVE JUDICIAL DISTRICTS
2121 Sec. 44A.001. 1ST REGIONAL ADMINISTRATIVE JUDICIAL
2222 DISTRICT. The 1st Regional Administrative Judicial District is
2323 composed of the following counties: Anderson, Angelina, Bowie,
2424 Camp, Cass, Cherokee, Collin, Dallas, Delta, Ellis, Fannin,
2525 Franklin, Freestone, Gregg, Harrison, Henderson, Hopkins, Houston,
2626 Hunt, Jasper, Kaufman, Lamar, Leon, Madison, Marion, Morris,
2727 Nacogdoches, Navarro, Newton, Panola, Polk, Rains, Red River,
2828 Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus,
2929 Trinity, Tyler, Upshur, Van Zandt, and Wood.
3030 Sec. 44A.002. 2ND REGIONAL ADMINISTRATIVE JUDICIAL
3131 DISTRICT. The 2nd Regional Administrative Judicial District is
3232 composed of the following counties: Brazoria, Chambers, Fort Bend,
3333 Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange,
3434 San Jacinto, Walker, and Waller.
3535 Sec. 44A.003. 3RD REGIONAL ADMINISTRATIVE JUDICIAL
3636 DISTRICT. The 3rd Regional Administrative Judicial District is
3737 composed of the following counties: Aransas, Atascosa, Bandera,
3838 Bee, Bexar, Brooks, Calhoun, Cameron, Comal, Concho, Crockett,
3939 Dimmit, Duval, Edwards, Frio, Gillespie, Goliad, Hidalgo, Irion,
4040 Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kimble, Kinney,
4141 Kleberg, La Salle, Live Oak, Llano, Mason, Maverick, McCulloch,
4242 McMullen, Medina, Menard, Nueces, Reagan, Real, Refugio, San
4343 Patricio, San Saba, Schleicher, Starr, Sutton, Terrell, Tom Green,
4444 Uvalde, Val Verde, Webb, Willacy, Wilson, Zapata, and Zavala.
4545 Sec. 44A.004. 4TH REGIONAL ADMINISTRATIVE JUDICIAL
4646 DISTRICT. The 4th Regional Administrative Judicial District is
4747 composed of the following counties: Austin, Bastrop, Bell, Blanco,
4848 Bosque, Brazos, Brown, Burleson, Burnet, Caldwell, Callahan,
4949 Coleman, Colorado, Comanche, Coryell, DeWitt, Eastland, Erath,
5050 Falls, Fayette, Gonzales, Grimes, Guadalupe, Hamilton, Hays, Hill,
5151 Hood, Jackson, Johnson, Lampasas, Lavaca, Lee, Limestone,
5252 Matagorda, McLennan, Milam, Mills, Palo Pinto, Parker, Robertson,
5353 Somervell, Travis, Victoria, Washington, Wharton, and Williamson.
5454 Sec. 44A.005. 5TH REGIONAL ADMINISTRATIVE JUDICIAL
5555 DISTRICT. The 5th Regional Administrative Judicial District is
5656 composed of the following counties: Andrews, Archer, Armstrong,
5757 Bailey, Baylor, Borden, Brewster, Briscoe, Carson, Castro,
5858 Childress, Clay, Cochran, Coke, Collingsworth, Cooke, Cottle,
5959 Crane, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Denton,
6060 Dickens, Donley, Ector, El Paso, Fisher, Floyd, Foard, Gaines,
6161 Garza, Glasscock, Gray, Grayson, Hale, Hall, Hansford, Hardeman,
6262 Hartley, Haskell, Hemphill, Hockley, Howard, Hudspeth, Hutchinson,
6363 Jack, Jeff Davis, Jones, Kent, King, Knox, Lamb, Lipscomb, Loving,
6464 Lubbock, Lynn, Martin, Midland, Mitchell, Montague, Moore, Motley,
6565 Nolan, Ochiltree, Oldham, Parmer, Pecos, Potter, Presidio,
6666 Randall, Reeves, Roberts, Runnels, Scurry, Shackelford, Sherman,
6767 Stephens, Sterling, Stonewall, Swisher, Tarrant, Taylor, Terry,
6868 Throckmorton, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler,
6969 Wise, Yoakum, and Young.
7070 SUBCHAPTER B. REGIONAL DISTRICT ATTORNEYS
7171 Sec. 44A.101. TERM. A regional district attorney serving a
7272 regional administrative judicial district shall serve a four-year
7373 term as required under Section 21, Article V, Texas Constitution.
7474 Sec. 44A.102. POWERS AND DUTIES. (a) A regional district
7575 attorney serving a regional administrative judicial district has
7676 the same powers and duties provided by the constitution and general
7777 law for district attorneys.
7878 (b) A regional district attorney serving a regional
7979 administrative judicial district shall represent this state in the
8080 district and inferior courts of the counties within the attorney's
8181 regional administrative judicial district.
8282 (c) A regional district attorney and each prosecuting
8383 attorney for a county or judicial district that sits wholly or
8484 partly within a regional district attorney's regional
8585 administrative judicial district shall assist one another in the
8686 conduct of their duties.
8787 Sec. 44A.103. TRANSFER OF CASES. (a) A regional district
8888 attorney may prosecute a criminal case instead of the prosecuting
8989 attorney who would otherwise represent this state in the case if:
9090 (1) the prosecuting attorney who would otherwise
9191 represent this state in the case is:
9292 (A) a county attorney of a county in the regional
9393 district attorney's regional administrative judicial district; or
9494 (B) a district attorney of a judicial district
9595 composed wholly or partly of a county in the regional district
9696 attorney's regional administrative judicial district; and
9797 (2) the regional district attorney:
9898 (A) notifies the county attorney or district
9999 attorney that the regional district attorney intends to prosecute
100100 the case; and
101101 (B) if applicable, informs the court in which the
102102 case is pending that the regional district attorney intends to
103103 prosecute the case.
104104 (b) A county attorney or district attorney who receives
105105 notice under Subsection (a)(2) may not represent this state in the
106106 case subject to the notice unless the regional district attorney
107107 notifies:
108108 (1) the county attorney or district attorney who would
109109 otherwise represent this state in the case that the regional
110110 district attorney no longer intends to prosecute the case; and
111111 (2) if applicable, the court in which the case is
112112 pending that the regional district attorney no longer intends to
113113 prosecute the case.
114114 (c) A county attorney or district attorney who receives
115115 notice under Subsection (a)(2) may assist the regional district
116116 attorney with the prosecution of a case transferred to the regional
117117 district attorney with the consent and under the supervision of the
118118 regional district attorney.
119119 Sec. 44A.104. VENUE. (a) Notwithstanding Chapter 13A,
120120 Code of Criminal Procedure, or any other law, a regional district
121121 attorney may prosecute a case transferred to the attorney under
122122 Section 44A.103 in any county in the regional district attorney's
123123 regional administrative judicial district if venue would otherwise
124124 be proper in any county in that district under Chapter 13A, Code of
125125 Criminal Procedure.
126126 (b) A court shall grant a motion to change venue filed by a
127127 regional district attorney if:
128128 (1) the motion was filed in a case pending at the time
129129 the attorney provided the required notice under Section
130130 44A.103(a)(2)(B);
131131 (2) the venue selected by the attorney is for a county
132132 within the attorney's regional administrative judicial district;
133133 (3) jeopardy has not attached in the case; and
134134 (4) the motion to change venue was filed not later than
135135 the 14th day after the date the attorney provided the required
136136 notice under Section 44A.103(a)(2)(B).
137137 (c) A court may grant a motion to transfer filed by a
138138 defendant in a case prosecuted by a regional district attorney on
139139 the court's finding that the defendant's right to due process or due
140140 course of law would be infringed if the venue remains unchanged. If
141141 a motion is granted under this section, the court, when selecting a
142142 venue, shall give preference to another venue within the
143143 jurisdiction of the regional district attorney.
144144 SUBCHAPTER C. PROVISIONS APPLICABLE TO SPECIFIC REGIONAL DISTRICT
145145 ATTORNEYS
146146 Sec. 44A.201. 1ST REGIONAL DISTRICT ATTORNEY. The voters
147147 of Anderson, Angelina, Bowie, Camp, Cass, Cherokee, Collin, Dallas,
148148 Delta, Ellis, Fannin, Franklin, Freestone, Gregg, Harrison,
149149 Henderson, Hopkins, Houston, Hunt, Jasper, Kaufman, Lamar, Leon,
150150 Madison, Marion, Morris, Nacogdoches, Navarro, Newton, Panola,
151151 Polk, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine,
152152 Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, and Wood
153153 Counties elect a regional district attorney for the 1st Regional
154154 Administrative Judicial District who represents this state in the
155155 district and inferior courts of those counties.
156156 Sec. 44A.202. 2ND REGIONAL DISTRICT ATTORNEY. The voters
157157 of Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris,
158158 Jefferson, Liberty, Montgomery, Orange, San Jacinto, Walker, and
159159 Waller Counties elect a regional district attorney for the 2nd
160160 Regional Administrative Judicial District who represents this
161161 state in the district and inferior courts of those counties.
162162 Sec. 44A.203. 3RD REGIONAL DISTRICT ATTORNEY. The voters
163163 of Aransas, Atascosa, Bandera, Bee, Bexar, Brooks, Calhoun,
164164 Cameron, Comal, Concho, Crockett, Dimmit, Duval, Edwards, Frio,
165165 Gillespie, Goliad, Hidalgo, Irion, Jim Hogg, Jim Wells, Karnes,
166166 Kendall, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak,
167167 Llano, Mason, Maverick, McCulloch, McMullen, Medina, Menard,
168168 Nueces, Reagan, Real, Refugio, San Patricio, San Saba, Schleicher,
169169 Starr, Sutton, Terrell, Tom Green, Uvalde, Val Verde, Webb,
170170 Willacy, Wilson, Zapata, and Zavala Counties elect a regional
171171 district attorney for the 3rd Regional Administrative Judicial
172172 District who represents this state in the district and inferior
173173 courts of those counties.
174174 Sec. 44A.204. 4TH REGIONAL DISTRICT ATTORNEY. The voters
175175 of Austin, Bastrop, Bell, Blanco, Bosque, Brazos, Brown, Burleson,
176176 Burnet, Caldwell, Callahan, Coleman, Colorado, Comanche, Coryell,
177177 DeWitt, Eastland, Erath, Falls, Fayette, Gonzales, Grimes,
178178 Guadalupe, Hamilton, Hays, Hill, Hood, Jackson, Johnson, Lampasas,
179179 Lavaca, Lee, Limestone, Matagorda, McLennan, Milam, Mills, Palo
180180 Pinto, Parker, Robertson, Somervell, Travis, Victoria, Washington,
181181 Wharton, and Williamson Counties elect a regional district attorney
182182 for the 4th Regional Administrative Judicial District who
183183 represents this state in the district and inferior courts of those
184184 counties.
185185 Sec. 44A.205. 5TH REGIONAL DISTRICT ATTORNEY. The voters
186186 of Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster,
187187 Briscoe, Carson, Castro, Childress, Clay, Cochran, Coke,
188188 Collingsworth, Cooke, Cottle, Crane, Crosby, Culberson, Dallam,
189189 Dawson, Deaf Smith, Denton, Dickens, Donley, Ector, El Paso,
190190 Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Grayson,
191191 Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill,
192192 Hockley, Howard, Hudspeth, Hutchinson, Jack, Jeff Davis, Jones,
193193 Kent, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin,
194194 Midland, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree,
195195 Oldham, Parmer, Pecos, Potter, Presidio, Randall, Reeves, Roberts,
196196 Runnels, Scurry, Shackelford, Sherman, Stephens, Sterling,
197197 Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Upton,
198198 Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young
199199 Counties elect a regional district attorney for the 5th Regional
200200 Administrative Judicial District who represents this state in the
201201 district and inferior courts of those counties.
202202 ARTICLE 2. CONFORMING CHANGES
203203 SECTION 2.01. Subchapter C, Chapter 2A, Code of Criminal
204204 Procedure, is amended by adding Article 2A.1025 to read as follows:
205205 Art. 2A.1025. DUTIES OF REGIONAL DISTRICT ATTORNEYS. (a)
206206 Each regional district attorney shall represent the state in all
207207 criminal cases in which the attorney provides the notice required
208208 under Section 44A.103(a), Government Code, and has not provided
209209 notice under Section 44A.103(b), Government Code.
210210 (b) The regional district attorney shall represent the
211211 state in the appeal of a case prosecuted by the regional district
212212 attorney.
213213 SECTION 2.02. Section 46.002, Government Code, is amended
214214 to read as follows:
215215 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
216216 applies to the state prosecuting attorney, all county prosecutors,
217217 and the following state prosecutors:
218218 (1) the district attorneys for Kenedy and Kleberg
219219 Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 24th,
220220 26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
221221 42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
222222 66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
223223 97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
224224 123rd, 132nd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th,
225225 198th, 216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th,
226226 268th, 271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th,
227227 452nd, and 506th judicial districts;
228228 (2) the criminal district attorneys for the counties
229229 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
230230 Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
231231 Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo,
232232 Jasper, Jefferson, Kaufman, Kendall, Lubbock, McLennan, Madison,
233233 Medina, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
234234 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
235235 Victoria, Walker, Waller, Wichita, Wood, and Yoakum;
236236 (2-a) the regional district attorneys for the 1st,
237237 2nd, 3rd, 4th, and 5th Regional Administrative Judicial Districts;
238238 and
239239 (3) the county attorneys performing the duties of
240240 district attorneys in the counties of Andrews, Aransas, Burleson,
241241 Callahan, Cameron, Castro, Colorado, Crosby, Ellis, Falls,
242242 Freestone, Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca,
243243 Lee, Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
244244 Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
245245 Willacy.
246246 ARTICLE 3. CREATION AND EFFECTIVE DATES
247247 SECTION 3.01. The 1st, 2nd, 3rd, 4th, and 5th Regional
248248 Administrative Judicial Districts and the offices of regional
249249 district attorney for the 1st, 2nd, 3rd, 4th, and 5th Regional
250250 Administrative Judicial Districts are created on the effective date
251251 of this Act.
252252 SECTION 3.02. This Act takes effect September 1, 2025.