1-1 By: Hawley (Senate Sponsor - Armbrister) H.B. No. 1574
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 24, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 24, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend H.B. No. 1574 by adding the following appropriately
1-8 numbered section to read as follows and renumbering the remaining
1-9 sections accordingly:
1-10 SECTION 3. Section 46.002, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-13 applies only to the following prosecutors:
1-14 (1) the district attorneys for the 2nd, 8th, 9th,
1-15 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
1-16 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-17 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
1-18 110th, 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th,
1-19 198th, 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st,
1-20 286th, 349th, and 355th judicial districts;
1-21 (2) the criminal district attorneys for the counties
1-22 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-23 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
1-24 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
1-25 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
1-26 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1-27 Waller, Wichita, Wood, and Yoakum; and
1-28 (3) the county attorneys performing the duties of
1-29 district attorneys in the counties of Andrews, Callahan, Cameron,
1-30 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
1-31 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
1-32 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
1-33 A BILL TO BE ENTITLED
1-34 AN ACT
1-35 relating to creation of the office of Refugio County district
1-36 attorney.
1-37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-38 SECTION 1. Subchapter B, Chapter 43, Government Code, is
1-39 amended by adding Section 43.182 to read as follows:
1-40 Sec. 43.182. REFUGIO COUNTY DISTRICT ATTORNEY. (a) The
1-41 voters of Refugio County elect a district attorney.
1-42 (b) The district attorney shall attend each term and session
1-43 of the district courts of Refugio County. The district attorney
1-44 shall represent the state in criminal cases pending in the district
1-45 courts of the county.
1-46 (c) The district attorney has all the powers, duties, and
1-47 privileges in Refugio County relating to criminal matters for and
1-48 in behalf of the state that are conferred on district attorneys in
1-49 the various counties and districts.
1-50 SECTION 2. Section 43.111, Government Code, is amended to
1-51 read as follows:
1-52 Sec. 43.111. 24th Judicial District. (a) The voters of
1-53 DeWitt and<,> Goliad<, and Refugio> counties elect a district
1-54 attorney for the 24th Judicial District who represents the state in
1-55 that district court only in those counties.
1-56 (b) The district attorney also represents the state in all
1-57 cases before the 135th Judicial District Court in DeWitt and<,>
1-58 Goliad<, and Refugio> counties.
1-59 (c) The commissioners courts of DeWitt and<,> Goliad<, and
1-60 Refugio> counties may supplement the state salary of the district
1-61 attorney in the amount they consider proper. The supplemental
1-62 compensation must be paid in equal monthly installments in
1-63 proportion to the population of those counties.
1-64 SECTION 3. This Act takes effect September 1, 1995.
1-65 SECTION 4. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
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