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.