By McDonald, et al. H.B. No. 1419
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the prosecutors for the state
1-3 in El Paso County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.120, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 43.120. 34th Judicial District.
1-8 (a) The voters of the 34th Judicial District elect a
1-9 district attorney.
1-10 (b) The district attorney for the 34th Judicial District
1-11 also acts as district attorney for the 41st, 65th, 120th and 171st
1-12 Judicial Districts and represents the state in all criminal cases
1-13 before every district court having jurisdiction in El Paso County.
1-14 (c) The district attorney represents the state in all
1-15 criminal cases pending in the inferior courts having jurisdiction
1-16 in El Paso County.
1-17 (d) (c) The Commissioners Courts of Culberson and Hudspeth
1-18 Counties shall each pay to El Paso County $100 a month to be
1-19 expended, on sworn claims of the district attorney approved by the
1-20 Commissioners Court of El Paso County, for the preparation and
1-21 conduct of criminal affairs of the district attorney's office.
1-22 (e) (d) For the purpose of conducting his office, the
1-23 district attorney may appoint two first assistant district
2-1 attorneys, or one first assistant district attorney and one first
2-2 assistant administrative district attorney, and the other district
2-3 attorneys that are necessary to the proper performance of the
2-4 district attorney's duties.
2-5 (f) (e) The assistants and other employees of the district
2-6 attorney are compensated by the Commissioners Court of El Paso
2-7 County. The Commissioners Court of El Paso County must approve the
2-8 number of assistants and other employees appointed and the amount
2-9 of compensation of these employees.
2-10 SECTION 2. Subchapter B, Chapter 45, Government Code, is
2-11 amended by adding Section 45.171 to read as follows:
2-12 Section 45.171. El Paso County
2-13 (a) It is the primary duty of the county attorney in El Paso
2-14 County or his assistants to represent the State, El Paso County,
2-15 and the officials of El Paso County in all civil matters pending
2-16 before the courts of El Paso County and any other courts in which
2-17 the state, the county, or the officials of the county have matters
2-18 pending.
2-19 (b) The county attorney has the powers duties and privileges
2-20 relating to the prosecution of misdemeanors that relate to health
2-21 and environmental matters, and that relate to the prosecution of
2-22 misdemeanors provided under Section 32.42, Penal Code.
2-23 (c) At the request of the district attorney, the county
2-24 attorney may assist the district attorney in criminal cases in El
2-25 Paso County.
3-1 (d) The county attorney in El Paso County performs the duty
3-2 of collecting and processing checks and similar sight orders as
3-3 provided under Article 102.007, Code of Criminal Procedure, and
3-4 prosecutes misdemeanors where a check or sight order is the
3-5 instrument by which the misdemeanor is committed.
3-6 (e) If the Commissioners Court of El Paso County employs
3-7 special counsel, the county attorney shall select the special
3-8 counsel. The county attorney in El Paso County shall determine the
3-9 terms and duration of employment of special counsel, subject to the
3-10 commissioners court's approval.
3-11 SECTION 3. Subchapter J. El Paso Criminal Law Magistrate
3-12 Court, Section 54.752 of the Government Code, entitled Prosecutor
3-13 is Repealed by Section 43.120 and 45.171 of the Government Code,
3-14 effective October 1, 1993.
3-15 SECTION 4. This act takes effect October 1, 1993.
3-16 SECTION 5. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.