82R4480 NAJ-F
 
  By: Whitmire S.B. No. 623
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disqualification of a district or county attorney
  who is the subject of a criminal investigation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.08, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.08.  DISQUALIFIED. (a) District and county
  attorneys shall not be of counsel adversely to the State in any
  case, in any court, nor shall they, after they cease to be such
  officers, be of counsel adversely to the State in any case in which
  they have been of counsel for the State.
         (b)  A judge of a court in which a district or county attorney
  represents the State shall declare the district or county attorney
  disqualified for purposes of Article 2.07 on a showing that the
  attorney is the subject of a criminal investigation for an offense
  that is within the attorney's authority to prosecute. A
  disqualification under this subsection applies only to the
  attorney's access to the criminal investigation pending against the
  attorney and to any prosecution of a criminal charge resulting from
  that investigation.
         SECTION 2.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act. The prosecution of an offense committed before
  the effective date of this Act is governed by the law in effect on
  the date the offense was committed, and the former law is continued
  in effect for that purpose. For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2011.