1-1  By:  Carriker                                          S.B. No. 315
    1-2        (In the Senate - Filed February 10, 1993; February 11, 1993,
    1-3  read first time and referred to Committee on Finance;
    1-4  April 6, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 12, Nays 0; April 6, 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 S.B. No. 315                 By:  Montford
   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, 63rd, 64th, 66th, 69th, 70th, 76th,
   1-49  81st, 83rd, 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th,
   1-50  119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th, 216th,
   1-51  220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th, 349th, and
   1-52  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.  Subsection (c), Section 43.121, Government Code
   1-66  is repealed.
   1-67        SECTION 4.  This Act takes effect September 1, 1993.
   1-68        SECTION 5.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.
    2-5                               * * * * *
    2-6                                                         Austin,
    2-7  Texas
    2-8                                                         April 6, 1993
    2-9  Hon. Bob Bullock
   2-10  President of the Senate
   2-11  Sir:
   2-12  We, your Committee on Finance to which was referred S.B. No. 315,
   2-13  have had the same under consideration, and I am instructed to
   2-14  report it back to the Senate with the recommendation that it do not
   2-15  pass, but that the Committee Substitute adopted in lieu thereof do
   2-16  pass and be printed.
   2-17                                                         Montford,
   2-18  Chairman
   2-19                               * * * * *
   2-20                               WITNESSES
   2-21                                                  FOR   AGAINST  ON
   2-22  ___________________________________________________________________
   2-23  Name:  Joe Durham                                x
   2-24  Representing:  Johnson County Judge
   2-25  City:  Cleburne
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   2-27  Name:  Lee Haney                                 x
   2-28  Representing:
   2-29  City:  Brownwood
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   2-31  Name:  Ted Weems                                 x
   2-32  Representing:  Lee County Bar Association
   2-33  City:  Giddings
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   2-35  Name:  Pete Kraus                                x
   2-36  Representing:  Lee County Judge
   2-37  City:  Giddings
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