By: Turner S.B. No. 1236
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the office of criminal district
1-2 attorney of Waller County, to the abolition of the office of county
1-3 attorney in Waller County, and to the abolition of the jurisdiction
1-4 of the district attorney for the 9th Judicial District in Waller
1-5 County.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 43.105, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
1-10 Montgomery County <and Waller counties> elect a district attorney
1-11 for the 9th Judicial District who represents the state in that
1-12 district court only in that county <those counties>. The district
1-13 attorney also acts as district attorney for the Second 9th Judicial
1-14 District in Montgomery County.
1-15 (b) The district attorney, with the approval of the
1-16 Commissioners Court <commissioners court> of Montgomery County <one
1-17 or more of the counties comprising the district>, may appoint the
1-18 assistant district attorneys, investigators, secretaries, and other
1-19 employees necessary to carry out the duties of the office of
1-20 district attorney.
1-21 (c) An investigator appointed by the district attorney is
1-22 not required to be a licensed attorney.
1-23 (d) The salary of each employee of the district attorney is
2-1 fixed by the Commissioners Court <commissioners courts> of
2-2 Montgomery County <the counties comprising the district>. The
2-3 district attorney, assistant district attorneys, and investigators
2-4 employed by the district attorney may be allowed the actual and
2-5 necessary travel expenses incident to carrying out the duties of
2-6 the district attorney, subject to the approval of the district
2-7 attorney. This subsection does not apply to the portion of
2-8 compensation or travel expenses paid by the state to the district
2-9 attorney or his employees.
2-10 (e) <The salaries and expenses paid by the counties
2-11 comprising the district shall be paid in proportion to the
2-12 population of each county, except as otherwise provided by
2-13 Subsection (f).>
2-14 <(f) The district attorney may assign employees to a
2-15 specific county or to specific counties of the district. The
2-16 commissioners court of a county to which an employee is assigned
2-17 may, in its discretion, pay a greater share of the salary or
2-18 expenses of the employee than the proportionate share provided by
2-19 Subsection (e). To the extent that a commissioners court pays a
2-20 greater share of an employee's salary or expenses than that
2-21 provided by Subsection (e), the counties to which the employee is
2-22 not assigned are relieved of their proportionate share of the
2-23 salary or expenses.>
2-24 <(g)> The salary and expenses of the employees of the
2-25 district attorney must be paid by the <each> county at the regular
3-1 pay period of the county from the officers' salary fund of the
3-2 county, the general fund of the county, or both, at the discretion
3-3 of the commissioners court.
3-4 (f) <(h)> The compensation paid by the <a> county to an
3-5 employee of the district attorney or set for a position on the
3-6 staff of the district attorney may not be less than the
3-7 compensation paid by the county to the person or set for the
3-8 position on June 14, 1973.
3-9 (g) <(i)> The commissioners court <of a county in the
3-10 district> may accept gifts and grants from an individual,
3-11 partnership, corporation, trust, foundation, association, or
3-12 political subdivision to finance adequate and effective
3-13 prosecution, crime prevention, or rehabilitation programs in the
3-14 county or district approved and administered by the district
3-15 attorney.
3-16 SECTION 2. Section 44.001, Government Code, is amended to
3-17 read as follows:
3-18 Sec. 44.001. Election. The voters of each of the following
3-19 counties elect a criminal district attorney: Anderson, Austin,
3-20 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
3-21 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
3-22 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock,
3-23 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
3-24 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
3-25 Waller, Wichita, Wood, and Yoakum.
4-1 SECTION 3. Subchapter B, Chapter 44, Government Code, is
4-2 amended by adding Section 44.337 to read as follows:
4-3 Sec. 44.337. WALLER COUNTY. (a) The criminal district
4-4 attorney of Waller County must have been a practicing attorney in
4-5 this state for at least three years.
4-6 (b) The criminal district attorney has all the powers,
4-7 duties, and privileges in Waller County that are conferred by law
4-8 on county and district attorneys in the various counties and
4-9 districts.
4-10 (c) The criminal district attorney shall collect the fees,
4-11 commissions, and perquisites that are provided by law for similar
4-12 services rendered by a district or county attorney.
4-13 (d) The criminal district attorney shall, with the approval
4-14 of the commissioners court, appoint an assistant district attorney
4-15 or attorneys and other personnel necessary to the proper
4-16 performance of the district attorney's duties. The commissioners
4-17 court shall pay the salaries of the staff and necessary operating
4-18 expenses of the office from county funds.
4-19 (e) The criminal district attorney or the Commissioners
4-20 Court of Waller County may accept gifts and grants from any
4-21 individual, partnership, corporation, trust, foundation,
4-22 association, or governmental entity for the purpose of financing or
4-23 assisting effective prosecution, crime prevention or suppression,
4-24 rehabilitation of offenders, substance abuse education, treatment
4-25 and prevention, or crime victim's assistance programs in Waller
5-1 County. The criminal district attorney shall account for and
5-2 report to the commissioners court all gifts or grants accepted
5-3 under this subsection.
5-4 SECTION 4. Section 46.002, Government Code, is amended to
5-5 read as follows:
5-6 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
5-7 applies only to the following prosecutors:
5-8 (1) the district attorneys for the 2nd, 8th, 9th,
5-9 12th, 21st, 22nd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd, 47th,
5-10 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd,
5-11 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th, 123rd,
5-12 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
5-13 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial
5-14 districts;
5-15 (2) the criminal district attorneys for the counties
5-16 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
5-17 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
5-18 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
5-19 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
5-20 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
5-21 Waller, Wichita, Wood, and Yoakum; and
5-22 (3) the county attorneys performing the duties of
5-23 district attorneys in the counties of Andrews, Callahan, Cameron,
5-24 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
5-25 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree,
6-1 Orange, Red River, Robertson, Rusk, Terry, and Willacy.
6-2 SECTION 5. The office of county attorney in Waller County is
6-3 abolished.
6-4 SECTION 6. The governor shall appoint, with the advice and
6-5 consent of the senate, a criminal district attorney of Waller
6-6 County who holds office until the next general election.
6-7 SECTION 7. This Act takes effect September 1, 1993.
6-8 SECTION 8. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.