By: Turner S.B. No. 1236 A BILL TO BE ENTITLED AN ACT 1-1 relating to creation of the office of criminal district attorney of 1-2 Waller County. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 44, Government Code, is 1-5 amended by adding Section 44.337 to read as follows: 1-6 Sec. 44.337. WALLER COUNTY. (a) The criminal district 1-7 attorney of Waller County must meet the following qualifications: 1-8 (1) be at least 30 years old; 1-9 (2) have been a practicing attorney in this state for 1-10 at least five years; and 1-11 (3) have been a resident of Waller County for at least 1-12 five years before election or appointment. 1-13 (b) The criminal district attorney shall receive salary and 1-14 compensation from the state in the amount provided by the General 1-15 Appropriations Act for district attorneys, subject to Chapter 46. 1-16 The Commissioners Court of Waller County may supplement the salary 1-17 of the criminal district attorney paid by the state. 1-18 (c) The criminal district attorney has all the powers, 1-19 duties, and privileges in Waller County that are conferred by law 1-20 on county and district attorneys in the various counties and 1-21 districts. 1-22 (d) The criminal district attorney shall collect the fees, 1-23 commissions, and perquisites that are provided by law for similar 2-1 services rendered by a district or county attorney. 2-2 (e) The criminal district attorney shall, with the approval 2-3 of the commissioners court, appoint an assistant district attorney 2-4 or attorneys and other personnel necessary to the proper 2-5 performance of the district attorney's duties. The commissioners 2-6 court shall pay the salaries of the staff and the necessary 2-7 operating expenses of the office from county funds. 2-8 SECTION 2. Section 46.002, Government Code, is amended to 2-9 read as follows: 2-10 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter 2-11 applies only to the following prosecutors: 2-12 (1) the district attorneys for the 2nd, 8th, 9th, 2-13 12th, 21st, 22nd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd, 47th, 2-14 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 2-15 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th, 123rd, 2-16 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th, 2-17 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial 2-18 districts; 2-19 (2) the criminal district attorneys for the counties 2-20 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, 2-21 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg, 2-22 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock, 2-23 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto, 2-24 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, 2-25 Waller, Wichita, Wood, and Yoakum; and 3-1 (3) the county attorneys performing the duties of 3-2 district attorneys in the counties of Andrews, Callahan, Cameron, 3-3 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar, 3-4 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree, 3-5 Orange, Red River, Robertson, Rusk, Terry, and Willacy. 3-6 SECTION 3. The criminal district attorney of Waller County 3-7 is authorized to accept gifts from individuals, institutions, 3-8 corporations, partnerships, trusts, foundations, associations, and 3-9 other entities, governmental or private, providing that such gifts 3-10 shall be accounted for by the criminal district attorney and 3-11 reported to the Commissioners Court of Waller County. 3-12 SECTION 4. The Commissioners Court of Waller County may 3-13 accept gifts and grants from any individual, partnership, 3-14 corporation, trust, foundation, association, or governmental entity 3-15 for the purpose of financing or assisting effective prosecution, 3-16 crime prevention or suppression, rehabilitation of offenders, 3-17 substance abuse education, treatment, and prevention, or crime 3-18 victims' assistance in Waller County. 3-19 SECTION 5. The office of county attorney in Waller County is 3-20 abolished. 3-21 SECTION 6. The governor shall appoint, with the advice and 3-22 consent of the senate, a criminal district attorney of Waller 3-23 County who holds office until the next general election and until a 3-24 successor is elected and has qualified. 3-25 SECTION 7. This Act takes effect September 1, 1993. 4-1 SECTION 8. The importance of this legislation and the 4-2 crowded condition of the calendars in both houses create an 4-3 emergency and an imperative public necessity that the 4-4 constitutional rule requiring bills to be read on three several 4-5 days in each house be suspended, and this rule is hereby suspended.