By: Rosson S.B. No. 477
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the powers and duties of the prosecutors for the state
1-2 in El Paso County.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.120, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 43.120. 34TH JUDICIAL DISTRICT. (a) The voters of the
1-7 34th Judicial District elect a district attorney.
1-8 (b) The district attorney for the 34th Judicial District
1-9 also acts as district attorney for the 41st, 65th, 120th, and 171st
1-10 judicial districts and represents the state in all criminal cases
1-11 before every district court having jurisdiction in El Paso County.
1-12 (c) The district attorney represents the state in all
1-13 criminal cases pending in the inferior courts having jurisdiction
1-14 in El Paso County.
1-15 (d) The commissioners courts of Culberson and Hudspeth
1-16 counties shall each pay to El Paso County $100 a month to be
1-17 expended, on sworn claims of the district attorney approved by the
1-18 Commissioners Court of El Paso County, for the preparation and
1-19 conduct of criminal affairs of the district attorney's office.
1-20 (e)<(d)> For the purpose of conducting his office, the
1-21 district attorney may appoint two first assistant district
1-22 attorneys, or one first assistant district attorney and one first
1-23 assistant administrative district attorney, and the other assistant
2-1 district attorneys that are necessary to the proper performance of
2-2 the district attorney's duties.
2-3 (f)<(e)> The assistants and other employees of the district
2-4 attorney are compensated by the Commissioners Court of El Paso
2-5 County. The Commissioners Court of El Paso County must approve the
2-6 number of assistants and other employees appointed and the amount
2-7 of compensation of those employees.
2-8 SECTION 2. Subchapter B, Chapter 45, Government Code, is
2-9 amended by adding Section 45.171 to read as follows:
2-10 Sec. 45.171. EL PASO COUNTY. (a) It is the primary duty of
2-11 the county attorney in El Paso County or his assistants to
2-12 represent the state, El Paso County, and the officials of El Paso
2-13 County in all civil matters pending before the courts of El Paso
2-14 County and any other courts in which the state, the county, or the
2-15 officials of the county have matters pending.
2-16 (b) The county attorney has the powers, duties, and
2-17 privileges relating to the prosecution of misdemeanors that relate
2-18 to health and environmental matters and that relate to the
2-19 prosecution of misdemeanors under Section 32.42, Penal Code.
2-20 (c) At the request of the district attorney, the county
2-21 attorney may assist the district attorney in criminal cases in El
2-22 Paso County.
2-23 (d) The county attorney in El Paso County performs the duty
2-24 of collecting and processing checks and similar sight orders as
2-25 provided under Article 102.007, Code of Criminal Procedure, and
3-1 prosecutes misdemeanors where a check or sight order is the
3-2 instrument by which the misdemeanor is committed.
3-3 (e) If the Commissioners Court of El Paso County employs
3-4 special counsel, the county attorney shall select the special
3-5 counsel. The county attorney in El Paso County shall determine the
3-6 terms and duration of employment of special counsel, subject to the
3-7 commissioners court's approval.
3-8 SECTION 3. Section 54.752, Government Code, is repealed.
3-9 SECTION 4. This Act takes effect October 1, 1993.
3-10 SECTION 5. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.