1-1 By: Kubiak (Senate Sponsor - Turner) H.B. No. 680
1-2 (In the Senate - Received from the House April 28, 1993;
1-3 April 29, 1993, read first time and referred to Committee on
1-4 Finance; May 19, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; May 19, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 680 By: Turner
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the application of the professional prosecutors law to
1-26 certain district and county attorneys.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Section 45.244, Government Code, is amended to
1-29 read as follows:
1-30 Sec. 45.244. Lee County. <(a)> The county attorney of Lee
1-31 County represents the state in all matters pending before the
1-32 district courts in Lee County.
1-33 <(b) Unless authorized by order adopted by the Commissioners
1-34 Court of Lee County, the county attorney may not engage in the
1-35 private practice of law.>
1-36 <(c) The county attorney is not entitled to be compensated
1-37 by the state for salary or office expenses. The county attorney is
1-38 entitled to the annual compensation set by the Commissioners Court
1-39 of Lee County.>
1-40 <(d) Lee County is not entitled to receive funds under
1-41 Subchapter C, Chapter 41.>
1-42 SECTION 2. Section 46.002, Government Code, is amended to
1-43 read as follows:
1-44 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-45 applies only to the following prosecutors:
1-46 (1) the district attorneys for the 2nd, 8th, 9th,
1-47 12th, 18th, 21st, 22nd, 26th, 27th, 29th, 34th, 35th, 36th, 38th,
1-48 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th,
1-49 76th, 81st, 83rd, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
1-50 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
1-51 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th,
1-52 349th, and 355th judicial districts;
1-53 (2) the criminal district attorneys for the counties
1-54 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-55 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
1-56 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
1-57 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
1-58 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1-59 Wichita, Wood, and Yoakum; and
1-60 (3) the county attorneys performing the duties of
1-61 district attorneys in the counties of Andrews, Callahan, Cameron,
1-62 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
1-63 Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
1-64 Orange, Red River, Robertson, Rusk, Terry, and Willacy.
1-65 SECTION 3. Section 43.132, Government Code, is amended to
1-66 read as follows:
1-67 Sec. 43.132. 53rd Judicial District. (a) The voters of the
1-68 53rd Judicial District elect a district attorney. In addition to
2-1 performing the other duties provided by law for district attorneys,
2-2 the district attorney represents the state in all criminal cases
2-3 before all the district courts of Travis County.
2-4 (b) <The district attorney is entitled to receive a salary
2-5 in an amount equal to the total salary paid from state and county
2-6 funds to the judge of the 53rd District Court, excluding any
2-7 compensation paid to the judge with reference to juvenile board
2-8 matters. The Commissioners Court of Travis County may supplement
2-9 the salary of the district attorney, but the total compensation of
2-10 the district attorney may not exceed the limitation provided by
2-11 this subsection.>
2-12 <(c)> The Commissioners Court of Travis County may
2-13 supplement the salaries paid by the state to the assistant district
2-14 attorneys and to the district attorney.
2-15 SECTION 4. Subsection (c), Section 43.121, Government Code
2-16 is repealed.
2-17 SECTION 5. This Act takes effect September 1, 1993.
2-18 SECTION 6. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.
2-23 * * * * *
2-24 Austin,
2-25 Texas
2-26 May 19, 1993
2-27 Hon. Bob Bullock
2-28 President of the Senate
2-29 Sir:
2-30 We, your Committee on Finance to which was referred H.B. No. 680,
2-31 have had the same under consideration, and I am instructed to
2-32 report it back to the Senate with the recommendation that it do not
2-33 pass, but that the Committee Substitute adopted in lieu thereof do
2-34 pass and be printed.
2-35 Montford,
2-36 Chairman
2-37 * * * * *
2-38 WITNESSES
2-39 No witnesses appeared on H.B. No. 680.