Bill Text: TX HB2122 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain state attorneys called into active duty military service.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-04 - Referred to Jurisprudence [HB2122 Detail]
Download: Texas-2011-HB2122-Introduced.html
82R8839 PMO-F | ||
By: Lozano | H.B. No. 2122 |
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relating to certain state attorneys called into active duty | ||
military service. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Government Code, is amended by | ||
adding Section 41.015 to read as follows: | ||
Sec. 41.015. CALL TO ACTIVE DUTY NOT VACANCY OR ABSENCE. | ||
(a) In this section, "active duty state attorney" means a district | ||
attorney, criminal district attorney, or county attorney who is on | ||
active duty or being mobilized or deployed for active duty as a | ||
member of: | ||
(1) the National Guard; | ||
(2) the armed forces of the United States; | ||
(3) a reserve component of the armed forces of the | ||
United States or the National Guard; or | ||
(4) any part of state military forces. | ||
(b) A court shall excuse from appearance or attendance | ||
during the term of the court an active duty state attorney who has: | ||
(1) delegated the attorney's responsibilities to: | ||
(A) the attorney's first assistant; or | ||
(B) another state attorney in the attorney's | ||
jurisdiction or in a jurisdiction overlapping the attorney's | ||
jurisdiction who agrees to accept the delegation of | ||
responsibilities; and | ||
(2) notified the presiding judge of the court's | ||
administrative judicial region of: | ||
(A) the attorney's military duty, mobilization, | ||
or deployment; and | ||
(B) the identity of the attorney to whom | ||
responsibilities were delegated under Subdivision (1). | ||
(c) An active duty state attorney who complies with | ||
Subsection (b) is not absent from office and has not vacated office. | ||
SECTION 2. Section 43.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 43.003. FAILURE TO ATTEND COURT. (a) If a district | ||
attorney fails to attend any term of the district court of a county | ||
in the district, the district clerk shall certify that failure to | ||
the comptroller of public accounts. Unless a satisfactory reason | ||
for the failure is shown to the comptroller, the district attorney | ||
may not receive salary for the time the district attorney failed to | ||
attend. | ||
(b) Subsection (a) does not apply to a district attorney who | ||
complies with Section 41.015. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |