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.