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.