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AN ACT
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relating to the operation of the special prosecution unit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.303, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) The unit is governed by a board of directors composed of |
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each prosecuting attorney who: |
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(1) represents the state in criminal matters before a |
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court in a county in which one or more facilities owned or operated |
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by or under contract with the department or the commission are |
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located; and |
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(2) has entered into a memorandum of understanding |
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with the unit for the prosecution of offenses and delinquent |
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conduct described by Article 104.003(a), Code of Criminal |
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Procedure. |
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(c) The board of directors shall meet annually for the |
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purpose of electing the executive board and approving or amending |
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bylaws governing the unit. |
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(d) A majority of the members of the board of directors |
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constitutes a quorum for the transaction of business. The board of |
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directors must approve any action by a majority vote of the members |
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present. |
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SECTION 2. Section 41.304, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) If a vacancy on the executive board occurs before the |
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end of the vacating member's term, the executive board [of
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directors] shall elect a person to serve the remainder of the |
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[vacating member's] term [in the manner provided by Subsection
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(a)]. To be eligible for election under this subsection, a person |
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must meet any qualifications required of the vacating member for |
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service on the executive board. |
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(c) The executive board shall conduct the business of the |
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unit. |
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(d) A majority of the members of the executive board |
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constitutes a quorum for the transaction of business. The |
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executive board must approve any action by a majority vote of the |
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members present. |
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SECTION 3. Subsection (d), Section 41.305, Government Code, |
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is amended to read as follows: |
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(d) If a vacancy occurs in the office of presiding officer |
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or assistant presiding officer before the end of the vacating |
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officer's term, the executive board [of directors] shall elect a |
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person to serve the remainder of the [vacating officer's] term [in
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the manner provided by Subsection (a)]. |
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SECTION 4. Section 41.308, Government Code, is amended to |
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read as follows: |
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Sec. 41.308. CHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL |
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EMPLOYEES. The executive board [of directors], on a majority vote, |
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shall employ a person to serve as chief of the unit and additional |
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persons to accomplish the unit's purposes. The board of directors |
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may determine the compensation of the unit's employees. |
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SECTION 5. This Act takes effect September 1, 2013. |
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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. 1285 passed the Senate on |
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April 24, 2013, by the following vote: Yeas 30, 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. 1285 passed the House on |
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May 22, 2013, by the following vote: Yeas 148, Nays 0, two |
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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 |