By: Uher H.B. No. 612
73R1404 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the constitutional office of criminal
1-3 district attorney of Wharton County, to the abolition of the office
1-4 of county attorney of Wharton County, and to the powers and duties
1-5 of the district attorney for the 23rd Judicial District.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 44.001, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 44.001. Election. The voters of each of the following
1-10 counties elect a criminal district attorney: Anderson, Austin,
1-11 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
1-12 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
1-13 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock,
1-14 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
1-15 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1-16 Wharton, Wichita, Wood, and Yoakum.
1-17 SECTION 2. Subchapter B, Chapter 44, Government Code, is
1-18 amended by adding Section 44.341 to read as follows:
1-19 Sec. 44.341. WHARTON COUNTY. (a) The criminal district
1-20 attorney of Wharton County has all the powers, duties, and
1-21 privileges in Wharton County that are conferred by law on county
1-22 and district attorneys.
1-23 (b) The criminal district attorney shall collect the fees
1-24 provided by law for similar services rendered by a district or
2-1 county attorney.
2-2 SECTION 3. Section 43.110, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 43.110. 23rd Judicial District. <(a)> The voters of
2-5 Matagorda County <and Wharton counties> elect a district attorney
2-6 for the 23rd Judicial District who represents the state in that
2-7 district court only in that county <those counties>.
2-8 <(b) The district attorney also represents the state and
2-9 performs the duties of district attorney before all the district
2-10 courts in Matagorda and Wharton counties.>
2-11 <(c) The commissioners courts of the counties comprising the
2-12 district may supplement the salary of the district attorney so that
2-13 the total annual salary of the district attorney is not less than
2-14 $12,000. The supplemental salary must be paid by each county
2-15 proportionately according to the population of each county. The
2-16 supplemental salary must be paid from the officers' salary funds of
2-17 the counties, if those funds are adequate. If the officers' salary
2-18 fund of a county is inadequate, the commissioners court shall
2-19 transfer the necessary amount from the general fund of the county
2-20 to the officers' salary fund.>
2-21 SECTION 4. Section 46.002, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
2-24 applies only to the following prosecutors:
2-25 (1) the district attorneys for the 2nd, 8th, 9th,
2-26 12th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd,
2-27 47th, 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st,
3-1 83rd, 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th,
3-2 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th,
3-3 229th, 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial
3-4 districts;
3-5 (2) the criminal district attorneys for the counties
3-6 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
3-7 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
3-8 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
3-9 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
3-10 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
3-11 Wharton, Wichita, Wood, and Yoakum; and
3-12 (3) the county attorneys performing the duties of
3-13 district attorneys in the counties of Andrews, Callahan, Cameron,
3-14 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
3-15 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree,
3-16 Orange, Red River, Robertson, Rusk, Terry, and Willacy.
3-17 SECTION 5. The office of county attorney of Wharton County
3-18 is abolished.
3-19 SECTION 6. Notwithstanding Section 41.010, Government Code,
3-20 the person serving in the office of county attorney of Wharton
3-21 County on the effective date of this Act serves as the initial
3-22 criminal district attorney of Wharton County until the next general
3-23 election.
3-24 SECTION 7. This Act takes effect September 1, 1993.
3-25 SECTION 8. The importance of this legislation and the
3-26 crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.