SB2384 - 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.

  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   C [Text truncated for display. Full text available on LegiScan.]