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.

89(R) HB 4803 - Introduced version - Bill Text

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),

a magistrate shall promptly notify each district attorney,

including a district attorney described by Subchapter C, Chapter

43, Government Code, of the name of the arrested person, the date of

the arrest, the offenses charged, and any actions taken by the

magistrate with regard to the case.

SECTION 6. The initial vacancies in the offices of District

Attorney for the Northeast Texas, Central Texas, Southeast Texas,

and South Texas Regions shall be filled by appointment.

SECTION 7. This Act takes effect September 1, 2025.