S.B. No. 315
AN ACT
1-1 relating to the application of the professional prosecutors law to
1-2 certain district and county attorneys.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 45.244, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 45.244. LEE COUNTY. <(a)> The county attorney of Lee
1-7 County represents the state in all matters pending before the
1-8 district courts in Lee County.
1-9 <(b) Unless authorized by order adopted by the Commissioners
1-10 Court of Lee County, the county attorney may not engage in the
1-11 private practice of law.>
1-12 <(c) The county attorney is not entitled to be compensated
1-13 by the state for salary or office expenses. The county attorney is
1-14 entitled to the annual compensation set by the Commissioners Court
1-15 of Lee County.>
1-16 <(d) Lee County is not entitled to receive funds under
1-17 Subchapter C, Chapter 41.>
1-18 SECTION 2. Section 46.002, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-21 applies only to the following prosecutors:
1-22 (1) the district attorneys for the 2nd, 8th, 9th,
1-23 12th, 18th, 21st, 22nd, 26th, 27th, 29th, 34th, 35th, 36th, 38th,
1-24 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th, 70th,
2-1 76th, 81st, 83rd, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
2-2 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
2-3 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th,
2-4 349th, and 355th judicial districts;
2-5 (2) the criminal district attorneys for the counties
2-6 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-7 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-8 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
2-9 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-10 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-11 Wichita, Wood, and Yoakum; and
2-12 (3) the county attorneys performing the duties of
2-13 district attorneys in the counties of Andrews, Callahan, Cameron,
2-14 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
2-15 Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
2-16 Orange, Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-17 SECTION 3. Section 43.132, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 43.132. 53rd Judicial District. (a) The voters of the
2-20 53rd Judicial District elect a district attorney. In addition to
2-21 performing the other duties provided by law for district attorneys,
2-22 the district attorney represents the state in all criminal cases
2-23 before all the district courts of Travis County.
2-24 (b) <The district attorney is entitled to receive a salary
2-25 in an amount equal to the total salary paid from state and county
2-26 funds to the judge of the 53rd District Court, excluding any
2-27 compensation paid to the judge with reference to juvenile board
3-1 matters. The Commissioners Court of Travis County may supplement
3-2 the salary of the district attorney, but the total compensation of
3-3 the district attorney may not exceed the limitation provided by
3-4 this subsection.>
3-5 <(c)> The Commissioners Court of Travis County may
3-6 supplement the salaries paid by the state to the assistant district
3-7 attorneys and to the district attorney.
3-8 SECTION 4. Subsection (c), Section 43.121, Government Code,
3-9 is repealed.
3-10 SECTION 5. This Act takes effect September 1, 1993.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.