By: Brady H.B. No. 1996
73R2187 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the office of criminal district
1-3 attorney of Waller County, to the abolition of the office of county
1-4 attorney in Waller County, and to the abolition of the jurisdiction
1-5 of the district attorney for the 9th Judicial District in Waller
1-6 County.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 43.105, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
1-11 Montgomery County <and Waller counties> elect a district attorney
1-12 for the 9th Judicial District who represents the state in that
1-13 district court only in that county <those counties>. The district
1-14 attorney also acts as district attorney for the Second 9th Judicial
1-15 District in Montgomery County.
1-16 (b) The district attorney, with the approval of the
1-17 Commissioners Court <commissioners court> of Montgomery County <one
1-18 or more of the counties comprising the district>, may appoint the
1-19 assistant district attorneys, investigators, secretaries, and other
1-20 employees necessary to carry out the duties of the office of
1-21 district attorney.
1-22 (c) An investigator appointed by the district attorney is
1-23 not required to be a licensed attorney.
1-24 (d) The salary of each employee of the district attorney is
2-1 fixed by the Commissioners Court <commissioners courts> of
2-2 Montgomery County <the counties comprising the district>. The
2-3 district attorney, assistant district attorneys, and investigators
2-4 employed by the district attorney may be allowed the actual and
2-5 necessary travel expenses incident to carrying out the duties of
2-6 the district attorney, subject to the approval of the district
2-7 attorney. This subsection does not apply to the portion of
2-8 compensation or travel expenses paid by the state to the district
2-9 attorney or his employees.
2-10 <(e) The salaries and expenses paid by the counties
2-11 comprising the district shall be paid in proportion to the
2-12 population of each county, except as otherwise provided by
2-13 Subsection (f).>
2-14 <(f) The district attorney may assign employees to a
2-15 specific county or to specific counties of the district. The
2-16 commissioners court of a county to which an employee is assigned
2-17 may, in its discretion, pay a greater share of the salary or
2-18 expenses of the employee than the proportionate share provided by
2-19 Subsection (e). To the extent that a commissioners court pays a
2-20 greater share of an employee's salary or expenses than that
2-21 provided by Subsection (e), the counties to which the employee is
2-22 not assigned are relieved of their proportionate share of the
2-23 salary or expenses.>
2-24 (e) <(g)> The salary and expenses of the employees of the
2-25 district attorney must be paid by the <each> county at the regular
2-26 pay period of the county from the officers' salary fund of the
2-27 county, the general fund of the county, or both, at the discretion
3-1 of the commissioners court.
3-2 (f) <(h)> The compensation paid by the <a> county to an
3-3 employee of the district attorney or set for a position on the
3-4 staff of the district attorney may not be less than the
3-5 compensation paid by the county to the person or set for the
3-6 position on June 14, 1973.
3-7 (g) <(i)> The commissioners court <of a county in the
3-8 district> may accept gifts and grants from an individual,
3-9 partnership, corporation, trust, foundation, association, or
3-10 political subdivision to finance adequate and effective
3-11 prosecution, crime prevention, or rehabilitation programs in the
3-12 county or district approved and administered by the district
3-13 attorney.
3-14 SECTION 2. Section 44.001, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 44.001. Election. The voters of each of the following
3-17 counties elect a criminal district attorney: Anderson, Austin,
3-18 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
3-19 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
3-20 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock,
3-21 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
3-22 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
3-23 Waller, Wichita, Wood, and Yoakum.
3-24 SECTION 3. Subchapter B, Chapter 44, Government Code, is
3-25 amended by adding Section 44.337 to read as follows:
3-26 Sec. 44.337. WALLER COUNTY. (a) The criminal district
3-27 attorney of Waller County must meet the following qualifications:
4-1 (1) be at least 30 years old;
4-2 (2) have been a practicing attorney in this state for
4-3 at least five years; and
4-4 (3) have been a resident of Waller County for at least
4-5 two years before his election or appointment.
4-6 (b) The criminal district attorney has all the powers,
4-7 duties, and privileges in Waller County that are conferred by law
4-8 on county and district attorneys in the various counties and
4-9 districts.
4-10 (c) The criminal district attorney shall collect the fees,
4-11 commissions, and perquisites that are provided by law for similar
4-12 services rendered by a district or county attorney.
4-13 (d) The criminal district attorney shall, with the approval
4-14 of the commissioners court, appoint an assistant district attorney
4-15 or attorneys and other personnel necessary to the proper
4-16 performance of the district attorney's duties. The commissioners
4-17 court shall pay the salaries of the staff and necessary operating
4-18 expenses of the office from county funds.
4-19 (e) The criminal district attorney or the Commissioners
4-20 Court of Waller County may accept gifts and grants from any
4-21 individual, partnership, corporation, trust, foundation,
4-22 association, or governmental entity for the purpose of financing or
4-23 assisting effective prosecution, crime prevention or suppression,
4-24 rehabilitation of offenders, substance abuse education, treatment
4-25 and prevention, or crime victim's assistance programs in Waller
4-26 County. The criminal district attorney shall account for and
4-27 report to the commissioners court all gifts or grants accepted
5-1 under this subsection.
5-2 SECTION 4. Section 46.002, Government Code, is amended to
5-3 read as follows:
5-4 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
5-5 applies only to the following prosecutors:
5-6 (1) the district attorneys for the 2nd, 8th, 9th,
5-7 12th, 21st, 22nd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd, 47th,
5-8 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd,
5-9 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th, 123rd,
5-10 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
5-11 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial
5-12 districts;
5-13 (2) the criminal district attorneys for the counties
5-14 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
5-15 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
5-16 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
5-17 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
5-18 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
5-19 Waller, Wichita, Wood, and Yoakum; and
5-20 (3) the county attorneys performing the duties of
5-21 district attorneys in the counties of Andrews, Callahan, Cameron,
5-22 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
5-23 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree,
5-24 Orange, Red River, Robertson, Rusk, Terry, and Willacy.
5-25 SECTION 5. The office of county attorney in Waller County is
5-26 abolished.
5-27 SECTION 6. Notwithstanding Section 41.010, Government Code,
6-1 the initial vacancy in the office of criminal district attorney of
6-2 Waller County on creation of the office shall be filled by
6-3 election. The office of criminal district attorney of Waller
6-4 County exists for purposes of the primary and general elections in
6-5 1994. A vacancy after the initial vacancy is filled as provided by
6-6 Article IV, Section 12, of the Texas Constitution.
6-7 SECTION 7. (a) Except as provided by Subsection (b) of this
6-8 section, this Act takes effect January 1, 1995.
6-9 (b) Section 6 of this Act takes effect September 1, 1993.
6-10 SECTION 8. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.