HB4934 - Relating to the powers and duties of the county attorney and district attorney in Ector County.

      By: Landgraf H.B. No. 4934       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of the county attorney and   district attorney in Ector County.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 43.137, Government Code, is amended to   read as follows:          Sec. 43.137.  70TH JUDICIAL DISTRICT.  (a)  The voters of the   70th Judicial District elect a district attorney.          (b)  The district attorney of the 70th Judicial District   shall also act as district attorney for the 161st Judicial   District.          (c)  In addition to exercising the duties and authority   conferred on district attorneys by general law, the district   attorney represents the state in the district and inferior courts   in Ector County in all criminal cases, juvenile matters under Title   3, Family Code, and matters involving children's protective   services.          (d)  The district attorney has privilege in any civil matter,   including civil asset forfeiture, civil bond forfeiture, civil   commitment matters under Subtitle C, Title 7, Health and Safety   Code and matters involving children's protective services [ no   power, duty, or privilege in any civil matter, other than civil   asset forfeiture and civil bond forfeiture matters ].          SECTION 2.  Section 45.168, Government Code, is amended to   read as follows:          Sec. 45.168.  ECTOR COUNTY.  (a)  It is the [ primary ] duty of   the county attorney in Ector County to represent the state, Ector   County, and the officials of the county in all civil matters, other   than asset forfeiture and bond forfeiture matters, matters   involving children's protective services, and civil commitment   matters under Subtitle C, Title 7, Health and Safety Code, for which   the district attorney is responsible, pending before the courts of   Ector County and any other court in which the state, Ector County,   or the county officials have matters pending.          (b)  The county attorney in Ector County may represent the   state in the district and inferior courts in Ector County in all   misdemeanor criminal cases [ The county attorney has no power, duty,   or privilege in Ector County relating to criminal matters, juvenile   matters under Title 3, Family Code, or matters involving children's   protective services ].           (c)     At the request of the district attorney, the county   attorney may assist the district attorney in the prosecution of   felony criminal cases in Ector County.           (d)     In addition to exercising the duties and authority   conferred on county attorneys by general law, the county attorney   has powers, duties, and privileges in Ector County relating to   protective orders and juvenile matters, including proceedings   under Title 3, Family Code.          SECTION 3.  The amendment by this Act of Section 43.137 and   Section 45.168, Government Code, applies only to a proceeding   commenced on or after the effective date of this Act.  A proceeding   commenced before the effective date of this Act is governed by the   law in effect on the date the proceeding was commenced, and the   former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.