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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