1-1  By:  Rosson                                            S.B. No. 477
    1-2        (In the Senate - Filed February 24, 1993; February 25, 1993,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 16, 1993, reported favorably, as amended, by the following
    1-5  vote:  Yeas 7, Nays 0; March 16, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley             x                               
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15  COMMITTEE AMENDMENT NO. 1                             By:  Whitmire
   1-16  Amend S.B. 477 as follows:
   1-17        On page 2, line 6, delete Subsection (e).
   1-18                         A BILL TO BE ENTITLED
   1-19                                AN ACT
   1-20  relating to the powers and duties of the prosecutors for the state
   1-21  and county in El Paso County.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Section 43.120, Government Code, is amended to
   1-24  read as follows:
   1-25        Sec. 43.120.  34TH JUDICIAL DISTRICT.  (a)  The voters of the
   1-26  34th Judicial District elect a district attorney.
   1-27        (b)  The district attorney for the 34th Judicial District
   1-28  also acts as district attorney for the 41st, 65th, 120th, and 171st
   1-29  judicial districts and represents the state in all criminal cases
   1-30  before every district court having jurisdiction in El Paso County.
   1-31        (c)  The district attorney represents the state in all
   1-32  criminal cases pending in the inferior courts having jurisdiction
   1-33  in El Paso County.
   1-34        (d)  The commissioners courts of Culberson and Hudspeth
   1-35  counties shall each pay to El Paso County $100 a month to be
   1-36  expended, on sworn claims of the district attorney approved by the
   1-37  Commissioners Court of El Paso County, for the preparation and
   1-38  conduct of criminal affairs of the district attorney's office.
   1-39        (e) <(d)>  For the purpose of conducting his office, the
   1-40  district attorney may appoint two first assistant district
   1-41  attorneys, or one first assistant district attorney and one first
   1-42  assistant administrative district attorney, and the other assistant
   1-43  district attorneys that are necessary to the proper performance of
   1-44  the district attorney's duties.
   1-45        (f) <(e)>  The assistants and other employees of the district
   1-46  attorney are compensated by the Commissioners Court of El Paso
   1-47  County.  The Commissioners Court of El Paso County must approve the
   1-48  number of assistants and other employees appointed and the amount
   1-49  of compensation of those employees.
   1-50        SECTION 2.  Subchapter B, Chapter 45, Government Code, is
   1-51  amended by adding Section 45.171 to read as follows:
   1-52        Sec. 45.171.  EL PASO COUNTY.  (a)  It is the primary duty of
   1-53  the county attorney in El Paso County or his assistants to
   1-54  represent the state, El Paso County, and the officials of El Paso
   1-55  County in all civil matters pending before the courts of El Paso
   1-56  County and any other courts in which the state, the county, or the
   1-57  officials of the county have matters pending.
   1-58        (b)  The county attorney has the powers, duties, and
   1-59  privileges relating to the prosecution of misdemeanors that relate
   1-60  to health and environmental matters and that relate to the
   1-61  prosecution of misdemeanors under Section 32.42, Penal Code.
   1-62        (c)  At the request of the district attorney, the county
   1-63  attorney may assist the district attorney in criminal cases in El
   1-64  Paso County.
   1-65        (d)  The county attorney in El Paso County performs the duty
   1-66  of collecting and processing checks and similar sight orders as
   1-67  provided under Article 102.007, Code of Criminal Procedure, and
   1-68  prosecutes misdemeanors where a check or sight order is the
    2-1  instrument by which the misdemeanor is committed.
    2-2        (e)  If the Commissioners Court of El Paso County employs
    2-3  special counsel, the county attorney shall select the special
    2-4  counsel.  The county attorney in El Paso County shall determine the
    2-5  terms and duration of employment of special counsel, subject to the
    2-6  commissioners court's approval.
    2-7        SECTION 3.  Section 54.752, Government Code, is repealed.
    2-8        SECTION 4.  This Act takes effect October 1, 1993.
    2-9        SECTION 5.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.
   2-14                               * * * * *
   2-15                                                         Austin,
   2-16  Texas
   2-17                                                         March 16, 1993
   2-18  Hon. Bob Bullock
   2-19  President of the Senate
   2-20  Sir:
   2-21  We, your Committee on Criminal Justice to which was referred S.B.
   2-22  No. 477, have had the same under consideration, and I am instructed
   2-23  to report it back to the Senate with the recommendation that it do
   2-24  pass, as amended, and be printed.
   2-25                                                         Whitmire,
   2-26  Chairman
   2-27                               * * * * *
   2-28                               WITNESSES
   2-29                                                  FOR   AGAINST  ON
   2-30  ___________________________________________________________________
   2-31  Name:  Jaime Esparza                             x
   2-32  Representing:  D.A. Office
   2-33  City:  El Paso
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