Bill Text: TX HB789 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the duties of and the application of the professional prosecutors law to the county attorneys in Gonzales and Lavaca Counties and to the duties of the district attorney for the 25th Judicial District.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-02-23 - Referred to Judiciary & Civil Jurisprudence [HB789 Detail]

Download: Texas-2011-HB789-Introduced.html

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82R1030 YDB-D
By: Kuempel H.B. No. 789

A BILL TO BE ENTITLED
AN ACT
relating to the duties of and the application of the professional
prosecutors law to the county attorneys in Gonzales and Lavaca
Counties and to the duties of the district attorney for the 25th
Judicial District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.112, Government Code, is amended to
read as follows:
Sec. 43.112. 25TH JUDICIAL DISTRICT. The voters of
[Gonzales,] Guadalupe County [, and Lavaca counties] elect a
district attorney for the 25th Judicial District who represents the
state in that district court only in that county [those counties].
In addition to exercising the duties and authority conferred on
district attorneys by general law, the district attorney represents
the state in all criminal cases in the district courts in that
county [those counties].
SECTION 2. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.189 to read as follows:
Sec. 45.189. GONZALES COUNTY. (a) In Gonzales County, the
county attorney of Gonzales County shall perform the duties imposed
on and have the powers conferred on district attorneys by general
law.
(b) The county attorney of Gonzales County or the
Commissioners Court of Gonzales County may accept gifts or grants
from any individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting the operation of the office of county attorney in
Gonzales County. The county attorney shall account for and report
to the commissioners court all gifts or grants accepted under this
subsection.
SECTION 3. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.243 to read as follows:
Sec. 45.243. LAVACA COUNTY. (a) In Lavaca County, the
county attorney of Lavaca County shall perform the duties imposed
on and have the powers conferred on district attorneys by general
law.
(b) The county attorney of Lavaca County or the
Commissioners Court of Lavaca County may accept gifts or grants
from any individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting the operation of the office of county attorney in Lavaca
County. The county attorney shall account for and report to the
commissioners court all gifts or grants accepted under this
subsection.
SECTION 4. 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, 12th, 18th, 21st, 23rd,
25th, 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, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th,
216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th,
271st, 286th, 329th, 344th, 349th, 355th, 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, Lubbock, McLennan, Madison, Navarro,
Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith,
Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Colorado, Crosby, Ellis, Falls, Freestone, Gonzales,
Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam,
Morris, Ochiltree, Orange, Rains, Red River, Robertson, Rusk,
Swisher, Terry, Webb, and Willacy.
SECTION 5. This Act takes effect September 1, 2011.