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H.B. No. 2885
AN ACT
relating to an arrest warrant or complaint for the issuance of a bad
check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.014, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) In a county with a population of more than two million
that does not have a county attorney, a justice or judge may not
issue a warrant under this section for an offense under Section
32.41, Penal Code, unless the district attorney has approved the
complaint or affidavit on which the warrant is based.
SECTION 2. Article 45.019, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) In a county with a population of more than two million
that does not have a county attorney, a complaint for an offense
under Section 32.41, Penal Code, must be approved by the district
attorney, regardless of whether a collection proceeding is
initiated by the district attorney under Section 32.41(e), Penal
Code.
SECTION 3. The change in law made by this Act applies only
to a complaint or warrant filed or issued on or after the effective
date of this Act. A complaint or warrant filed or issued before the
effective date of this Act is governed by the law in effect when the
complaint or warrant was filed or issued, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2885 was passed by the House on April
22, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2885 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor