bill splitting prosecutor duties in Ector County

The text as introduced · 493 words

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.