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Texas Penal Code Sec. 1.09

Section 1.09 of the Texas Penal Code provides that the Attorney General may have concurrent jurisdiction with the local prosecutor to prosecute certain criminal offenses with the consent of the local prosecutor. This means that the Attorney General's office can take over the prosecution of a case if the local prosecutor agrees to the transfer of jurisdiction. The types of offenses for which the Attorney General may have concurrent jurisdiction include misuse of state property or funds, abuse of office, and offenses against juvenile offenders in state correctional facilities. In cases where a county or district attorney has a conflict of interest or lacks the resources or expertise to prosecute a case, the Attorney General's office may be able to step in and provide assistance. It's important to note that the Attorney General's office does not have primary jurisdiction over most criminal offenses in Texas. Instead, the office is there to provide support to local prosecutors when they need it. By working together with local prosecutors, the Attorney General's office can help ensure that complex criminal cases are investigated and prosecuted effectively.

Sec. 1.09.  CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY.  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds. Added by Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 1, eff. June 15, 2007.


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