1-1 By: Turner S.B. No. 1236
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Finance; May 4, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 12, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1236 By: Turner
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the creation of the office of criminal district
1-25 attorney of Waller County, to the abolition of the office of county
1-26 attorney in Waller County, and to the abolition of the jurisdiction
1-27 of the district attorney for the 9th Judicial District in Waller
1-28 County.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 SECTION 1. Section 43.105, Government Code, is amended to
1-31 read as follows:
1-32 Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
1-33 Montgomery County <and Waller counties> elect a district attorney
1-34 for the 9th Judicial District who represents the state in that
1-35 district court only in that county <those counties>. The district
1-36 attorney also acts as district attorney for the Second 9th Judicial
1-37 District in Montgomery County.
1-38 (b) The district attorney, with the approval of the
1-39 Commissioners Court <commissioners court> of Montgomery County <one
1-40 or more of the counties comprising the district>, may appoint the
1-41 assistant district attorneys, investigators, secretaries, and other
1-42 employees necessary to carry out the duties of the office of
1-43 district attorney.
1-44 (c) An investigator appointed by the district attorney is
1-45 not required to be a licensed attorney.
1-46 (d) The salary of each employee of the district attorney is
1-47 fixed by the Commissioners Court <commissioners courts> of
1-48 Montgomery County <the counties comprising the district>. The
1-49 district attorney, assistant district attorneys, and investigators
1-50 employed by the district attorney may be allowed the actual and
1-51 necessary travel expenses incident to carrying out the duties of
1-52 the district attorney, subject to the approval of the district
1-53 attorney. This subsection does not apply to the portion of
1-54 compensation or travel expenses paid by the state to the district
1-55 attorney or his employees.
1-56 (e) <The salaries and expenses paid by the counties
1-57 comprising the district shall be paid in proportion to the
1-58 population of each county, except as otherwise provided by
1-59 Subsection (f).>
1-60 <(f) The district attorney may assign employees to a
1-61 specific county or to specific counties of the district. The
1-62 commissioners court of a county to which an employee is assigned
1-63 may, in its discretion, pay a greater share of the salary or
1-64 expenses of the employee than the proportionate share provided by
1-65 Subsection (e). To the extent that a commissioners court pays a
1-66 greater share of an employee's salary or expenses than that
1-67 provided by Subsection (e), the counties to which the employee is
1-68 not assigned are relieved of their proportionate share of the
2-1 salary or expenses.>
2-2 <(g)> The salary and expenses of the employees of the
2-3 district attorney must be paid by the <each> county at the regular
2-4 pay period of the county from the officers' salary fund of the
2-5 county, the general fund of the county, or both, at the discretion
2-6 of the commissioners court.
2-7 (f) <(h)> The compensation paid by the <a> county to an
2-8 employee of the district attorney or set for a position on the
2-9 staff of the district attorney may not be less than the
2-10 compensation paid by the county to the person or set for the
2-11 position on June 14, 1973.
2-12 (g) <(i)> The commissioners court <of a county in the
2-13 district> may accept gifts and grants from an individual,
2-14 partnership, corporation, trust, foundation, association, or
2-15 political subdivision to finance adequate and effective
2-16 prosecution, crime prevention, or rehabilitation programs in the
2-17 county or district approved and administered by the district
2-18 attorney.
2-19 SECTION 2. Section 44.001, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 44.001. Election. The voters of each of the following
2-22 counties elect a criminal district attorney: Anderson, Austin,
2-23 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
2-24 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
2-25 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock,
2-26 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-27 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-28 Waller, Wichita, Wood, and Yoakum.
2-29 SECTION 3. Subchapter B, Chapter 44, Government Code, is
2-30 amended by adding Section 44.337 to read as follows:
2-31 Sec. 44.337. WALLER COUNTY. (a) The criminal district
2-32 attorney of Waller County must have been a practicing attorney in
2-33 this state for at least five years.
2-34 (b) The criminal district attorney has all the powers,
2-35 duties, and privileges in Waller County that are conferred by law
2-36 on county and district attorneys in the various counties and
2-37 districts.
2-38 (c) The criminal district attorney shall collect the fees,
2-39 commissions, and perquisites that are provided by law for similar
2-40 services rendered by a district or county attorney.
2-41 (d) The criminal district attorney shall, with the approval
2-42 of the commissioners court, appoint an assistant district attorney
2-43 or attorneys and other personnel necessary to the proper
2-44 performance of the district attorney's duties. The commissioners
2-45 court shall pay the salaries of the staff and necessary operating
2-46 expenses of the office from county funds.
2-47 (e) The criminal district attorney or the Commissioners
2-48 Court of Waller County may accept gifts and grants from any
2-49 individual, partnership, corporation, trust, foundation,
2-50 association, or governmental entity for the purpose of financing or
2-51 assisting effective prosecution, crime prevention or suppression,
2-52 rehabilitation of offenders, substance abuse education, treatment
2-53 and prevention, or crime victim's assistance programs in Waller
2-54 County. The criminal district attorney shall account for and
2-55 report to the commissioners court all gifts or grants accepted
2-56 under this subsection.
2-57 SECTION 4. Section 46.002, Government Code, is amended to
2-58 read as follows:
2-59 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
2-60 applies only to the following prosecutors:
2-61 (1) the district attorneys for the 2nd, 8th, 9th,
2-62 12th, 21st, 22nd, 26th, 27th, 29th, 34th, 36th, 38th, 43rd, 47th,
2-63 49th, 51st, 52nd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd,
2-64 84th, 85th, 90th, 97th, 105th, 106th, 110th, 118th, 119th, 123rd,
2-65 142nd, 145th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
2-66 253rd, 266th, 268th, 271st, 286th, 349th, and 355th judicial
2-67 districts;
2-68 (2) the criminal district attorneys for the counties
2-69 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-70 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
3-1 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
3-2 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
3-3 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
3-4 Waller, Wichita, Wood, and Yoakum; and
3-5 (3) the county attorneys performing the duties of
3-6 district attorneys in the counties of Andrews, Callahan, Cameron,
3-7 Castro, Ellis, Falls, Fannin, Fayette, Freestone, Grayson, Lamar,
3-8 Lamb, Lampasas, Limestone, Marion, Milam, Morris, Ochiltree,
3-9 Orange, Red River, Robertson, Rusk, Terry, and Willacy.
3-10 SECTION 5. The office of county attorney in Waller County is
3-11 abolished.
3-12 SECTION 6. The governor shall appoint, with the advice and
3-13 consent of the senate, a criminal district attorney of Waller
3-14 County who holds office until the next general election.
3-15 SECTION 7. This Act takes effect September 1, 1993.
3-16 SECTION 8. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.
3-21 * * * * *
3-22 Austin,
3-23 Texas
3-24 May 4, 1993
3-25 Hon. Bob Bullock
3-26 President of the Senate
3-27 Sir:
3-28 We, your Committee on Finance to which was referred S.B. No. 1236,
3-29 have had the same under consideration, and I am instructed to
3-30 report it back to the Senate with the recommendation that it do not
3-31 pass, but that the Committee Substitute adopted in lieu thereof do
3-32 pass and be printed.
3-33 Montford,
3-34 Chairman
3-35 * * * * *
3-36 WITNESSES
3-37 No witnesses appeared on S.B. No. 1236.