Bill Text: TX SB910 | 2011-2012 | 82nd Legislature | Enrolled

Texas Senate Bill 910 (Prior Session Legislation)

Bill Title: Relating to certain state attorneys called into active duty military service.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective immediately [SB910 Detail]

Download: Texas-2011-SB910-Enrolled.html



	S.B. No. 910




	AN ACT
	relating to certain state attorneys called into active duty
	military service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, 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.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 910 passed the Senate on
	April 14, 2011, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 910 passed the House on
	May 20, 2011, by the following vote: Yeas 149, Nays 0, one
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor