Bill Text: TX HB3482 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the creation of a statewide district court with exclusive, original jurisdiction over certain cases and the creation of the office of district attorney for the 200th Judicial District.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-18 - Referred to Judiciary & Civil Jurisprudence [HB3482 Detail]

Download: Texas-2011-HB3482-Introduced.html

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82R7127 YDB-D
By: Christian H.B. No. 3482

A BILL TO BE ENTITLED
AN ACT
relating to the creation of a statewide district court with
exclusive, original jurisdiction over certain cases and the
creation of the office of district attorney for the 200th Judicial
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective January 1, 2013, Section 24.379,
Government Code, is amended to read as follows:
Sec. 24.379. 200TH JUDICIAL DISTRICT (DISTRICT OF TEXAS
[TRAVIS COUNTY]). (a) The 200th Judicial District is composed of
every county in the state [Travis County].
(b) Notwithstanding any other law, the 200th District Court
has exclusive original jurisdiction over:
(1) all cases alleging criminal conduct related to
the official duties of:
(A) an officer of, officer-elect of, candidate
for, or employee of any state agency, department, or office in the
executive, legislative, or judicial branch of state government;
(B) a board, commission, department, office, or
other agency in the executive branch of state government, including
an institution of higher education as defined by Section 61.003,
Education Code; or
(C) the legislature or a legislative agency;
(2) insurance fraud offenses punishable under Chapter
35, Penal Code;
(3) all criminal cases alleging fraud related to motor
fuel taxes due under Chapter 162, Tax Code;
(4) all criminal cases alleging workers' compensation
fraud; and
(5) all cases involving contempt of the legislature.
(c) The 200th District Court shall give preference to the
cases described by Subsection (b).
SECTION 2. Effective January 1, 2013, Subchapter B, Chapter
43, Government Code, is amended by adding Section 43.1655 to read as
follows:
Sec. 43.1655. 200TH JUDICIAL DISTRICT. The voters of the
200th Judicial District elect a district attorney.
SECTION 3. Effective January 1, 2013, 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,
200th, 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, Lamar, Lamb,
Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
Orange, Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb,
and Willacy.
SECTION 4. Effective January 1, 2013, Sections 301.027(b)
and (c), Government Code, are amended to read as follows:
(b) If the president of the senate or speaker receives a
report or statement of facts as provided by Subsection (a), the
president of the senate or speaker shall certify the statement of
facts to the [Travis County] district attorney for the 200th
Judicial District under the seal of the senate or house of
representatives, as appropriate.
(c) The [Travis County] district attorney for the 200th
Judicial District shall bring the matter before the grand jury for
action. If the grand jury returns an indictment, the district
attorney shall prosecute the indictment.
SECTION 5. For purposes of the primary and general
elections in 2012, the 200th Judicial District is considered to be a
statewide district.
SECTION 6. (a) To the extent that existing rules regarding
court administration are inconsistent with this Act, the Texas
Supreme Court shall promulgate rules necessary for the efficient
and uniform administration of justice in the 200th District Court.
(b) Notwithstanding any other law, the secretary of state
may adopt the rules and procedures necessary to implement Section
24.379, Government Code, as amended by this Act, and Section
43.1655, Government Code, as added by this Act.
SECTION 7. The change in law made by this Act to Section
24.379, Government Code, applies only to a case filed on or after
January 1, 2013. A case filed before January 1, 2013, is governed
by the law in effect on the date the case was filed, and the former
law is continued in effect for that purpose.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.