S.B. No. 1236
                                        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.