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AN ACT
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relating to certain state attorneys called into active duty |
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military service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Government Code, is |
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amended by adding Section 41.015 to read as follows: |
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Sec. 41.015. CALL TO ACTIVE DUTY NOT VACANCY OR ABSENCE. |
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(a) In this section, "active duty state attorney" means a district |
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attorney, criminal district attorney, or county attorney who is on |
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active duty or being mobilized or deployed for active duty as a |
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member of: |
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(1) the National Guard; |
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(2) the armed forces of the United States; |
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(3) a reserve component of the armed forces of the |
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United States or the National Guard; or |
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(4) any part of state military forces. |
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(b) A court shall excuse from appearance or attendance |
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during the term of the court an active duty state attorney who has: |
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(1) delegated the attorney's responsibilities to: |
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(A) the attorney's first assistant; or |
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(B) another state attorney in the attorney's |
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jurisdiction or in a jurisdiction overlapping the attorney's |
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jurisdiction who agrees to accept the delegation of |
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responsibilities; and |
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(2) notified the presiding judge of the court's |
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administrative judicial region of: |
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(A) the attorney's military duty, mobilization, |
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or deployment; and |
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(B) the identity of the attorney to whom |
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responsibilities were delegated under Subdivision (1). |
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(c) An active duty state attorney who complies with |
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Subsection (b) is not absent from office and has not vacated office. |
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SECTION 2. Section 43.003, Government Code, is amended to |
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read as follows: |
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Sec. 43.003. FAILURE TO ATTEND COURT. (a) If a district |
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attorney fails to attend any term of the district court of a county |
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in the district, the district clerk shall certify that failure to |
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the comptroller of public accounts. Unless a satisfactory reason |
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for the failure is shown to the comptroller, the district attorney |
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may not receive salary for the time the district attorney failed to |
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attend. |
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(b) Subsection (a) does not apply to a district attorney who |
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complies with Section 41.015. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 910 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 910 passed the House on |
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May 20, 2011, by the following vote: Yeas 149, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |