HB4803 - Relating to the creation of offices of District Attorney for the Northeast Texas, Central Texas, Southeast Texas, and South Texas Regions and the powers and duties of and related to such officers.

      By: Spiller H.B. No. 4803       A BILL TO BE ENTITLED   AN ACT   relating to the creation of offices of District Attorney for the   Northeast Texas, Central Texas, Southeast Texas, and South Texas   Regions and the powers and duties of and related to such officers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 43, Government Code, is amended by   adding Subchapter C, to read as follows:   SUBCHAPTER C. PROVISIONS APPLICABLE TO DISTRICT ATTORNEYS FOR THE   NORTHEAST TEXAS, CENTRAL TEXAS, SOUTHEAST TEXAS AND SOUTH TEXAS   REGIONS.           Sec.   43.201.     DISTRICT ATTORNEY FOR THE NORTHEAST TEXAS   REGION. (a) The voters of the Northeast Texas Region elect a   district attorney who represents the state in all cases before the   district courts in the counties of the region.           (b)     The Northeast Texas Region is composed of Bowie, Camp,   Cass, Collin, Dallas, Delta, Fannin, Franklin, Grayson, Gregg,   Harrison, Hopkins, Hunt, Kaufman, Lamar, Marion, Morris, Panola,   Red River, Rockwall, Rusk, Titus, Upshur, and Wood Counties.           (c)     The district attorney has the same powers and duties as   other district attorneys and serves the district courts of the   counties of the region.           (d)     The district attorney for the Northeast Texas Region and   the district attorneys of the other judicial districts within that   region shall assist each other in the conduct of their duties.           Sec.   43.202.     DISTRICT ATTORNEY FOR THE CENTRAL TEXAS   REGION. (a) The voters of the Central Texas Region elect a district   attorney who represents the state in all cases before the district   courts in the counties of the region.           (b)     The Central Texas Region is composed of Bastrop, Bell,   Blanco, Bosque, Brazos, Burnet, Burleson, Caldwell, Coke, Comal,   Concho, Coryell, Ellis, Falls, Fayette, Freestone, Hamilton, Hays,   Hill, Irion, Johnson, Lampasas, Lee, Leon, Limestone, Llano,   Madison, McCulloch, McLennan, Milam, Mills, Navarro, Runnels,   Robertson, San Saba, Schleicher, Somervell, Sterling, Tom Green,   Travis, Walker, and Williamson Counties.           (c)     The district attorney has the same powers and duties as   other district attorneys and serves the district courts of the   counties of the region.           (d)     The district attorney for the Central Texas Region and   the district attorneys of the other judicial districts within that   region shall assist each other in the conduct of their duties.           Sec.   43.203.     DISTRICT ATTORNEY FOR THE SOUTHEAST TEXAS   REGION. (a) The voters of the Southeast Texas Region elect a   district attorney who represents the state in all cases before the   district courts in the counties of the region.           (b)     The Southeast Texas Region is composed of Austin,   Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes,   Hardin, Harris, Jasper, Jefferson, Liberty, Montgomery, Newton,   Orange, Polk, San Jacinto, Tyler, Waller, and Washington Counties.           (c)     The district attorney has the same powers and duties as   other district attorneys and serves the district courts of the   counties of the region.           (d)     The district attorney for the Southeast Texas Region and   the district attorneys of the other judicial districts within that   region shall assist each other in the conduct of their duties.           Sec.   43.204.     DISTRICT ATTORNEY FOR THE SOUTH TEXAS REGION.   (a) The voters of the South Texas Region elect a district attorney   who represents the state in all cases before the district courts in   the counties of the region.           (b)     The South Texas Region is composed of Aransas, Atascosa,   Bandera, Bee, Bexar, Brooks, Calhoun, Cameron, De Witt, Dimmit,   Duval, Edwards, Frio, Gillespie, Goliad, Gonzales, Guadalupe,   Hidalgo, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy,   Kerr, Kimble, Kinney, Kleberg, La Salle, Lavaca, Live Oak,   Matagorda, Mason, Maverick, McMullen, Medina, Menard, Nueces,   Real, Refugio, San Patricio, Starr, Sutton, Uvalde, Val Verde,   Victoria, Webb, Wharton, Willacy, Wilson, Zapata, Zavala.           (c)     The district attorney has the same powers and duties as   other district attorneys and serves the district courts of the   counties of the region.           (d)     The district attorney for the South Texas Region and the   district attorneys of the other judicial districts within that   region shall assist each other in the conduct of their duties.           Sec.   43.210.     REGIONS CONSIDERED A DISTRICT. The Northeast   Texas Region, Central Texas Region, Southeast Texas Region, and   South Texas Region described in this subchapter shall be considered   a "district" that "shall have been previously ascertained by law"   for purposes of the Sixth Amendment to the Constitution of the   United States.           Sec.   43.220.     ASSERTING AND RELINQUISHING REPRESENTATION.     (a) Notwithstanding any other law, a district attorney elected   under this subchapter shall represent the state in any criminal   matter in the district and inferior courts in any county within his   region, and shall perform the other duties that are conferred by   general law on district and county attorneys, if the district   attorney:           (1)     notifies the district or county attorney that would   otherwise represent the state in that criminal matter that the   district attorney is asserting his prerogative under this section   to represent the state; and           (2)     if judicial proceedings are pending, notifies the court   that the district attorney is asserting his prerogative under this   section to represent the state in that criminal matter.           (b)     When the district attorney elected under this   subchapter provides the notification described in subsection (a),   the district or county attorney that would otherwise represent the   state may not represent the state in that criminal matter unless and   until the district attorney relinquishes his representation of the   state as described in subsection(c). However, such district or   county attorney may assist in the representation under the   supervision of the district attorney elected under this subchapter.           (c)     A district attorney that provides the notification   described in subsection (a) may relinquish his representation of   the state if the district attorney           (1)     notifies the district or county attorney that would   otherwise represent the state in that criminal matter that the   district attorney is relinquishing his representation of the state   in that criminal matter; and           (2)     if judicial proceedings are pending, notifies the court   that the district attorney is relinquishing his prerogative to   represent the state in that criminal matter.           (d)     Notwithstanding any other law, including Chapter 13A,   Code of Criminal Procedure, a district attorney elected under this   subchapter that represents the state in a criminal matter may   prosecute that criminal matter in any county within his region, as   defined by section 43.201(b), 43.202(b), 43.203(b), and 43.204(b),   and the region shall be a "district" that "shall have been   previously ascertained by law" for purposes of the Sixth Amendment   to the Constitution of the United States.           (e)     If judicial proceedings were pending at the time the   district attorney provided the notice described in subsection (a),   the district attorney may transfer the prosecution of that criminal   matter to another county selected by the district attorney within   the region, as defined by section 43.201(b) or 43.202(b), unless   jeopardy has already attached. A district attorney that seeks to   transfer prosecution under this subsection must file a motion to   transfer venue within 14 days of providing the notice described in   subsection (a), and the court must grant the district attorney's   motion to transfer venue if it complies with the requirements of   this section.           (f)     Notwithstanding subsection (e), a court to which a case   is transferred under subsection (e) may grant a defendant's motion   to transfer venue to another county if the court finds the   defendant's right to due process or due course of law would be   violated absent a transfer. If the state is represented by a   district attorney elected under this subchapter, the court shall   give priority to a county within the region of that district   attorney.           Sec.   43.230.     FUNDING OF DISTRICT ATTORNEY OFFICES.   (a) The   legislature through a general appropriations act shall appropriate   funding to support the office of a district attorney elected under   this subchapter, including for employment of assistant district   attorneys, investigators, and other support staff and for other   expenses.          SECTION 2.  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 the Northeast Texas, Central   Texas, Southeast Texas, and South Texas Regions, 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; 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.          SECTION 3.  Chapter 2A, Code of Criminal Procedure, is   amended by adding article 2A.112 to read as follows:           Art.   2A.112.     Notwithstanding any other law, a district   attorney described by Chapter 43, Subchapter C, Government Code,   shall represent the state in any criminal case in which the district   attorney has provided the notice described in section 43.220(a),   Government Code, unless the district attorney has relinquished his   representation of the state as described in section 43.220(c),   Government Code.          SECTION 4.  Article 2A.209, Code of Criminal Procedure, is   amended by adding subsection (d) to read as follows:           (d)     If a law enforcement agency is located in a county   served by more than one district attorney, including a district   attorney described by Subchapter C, Chapter 43, Government Code,   upon filing a case with an attorney representing the state, the law   enforcement agency shall notify each district attorney of the   filing.          SECTION 5.  Article 15.17, Code of Criminal Procedure, is   amended by adding subsection (h) to read as follows:           (h)     Upon exercising the duties described in subsection (a [Text truncated for display. Full text available on Congress.gov.]