74R9702 MWV-D
By Uher, Saunders H.B. No. 2574
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the responsibilities of the Matagorda County Attorney
1-3 and creating the office of district attorney for the 329th Judicial
1-4 District in Wharton County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 43.110, Government Code, is amended by
1-7 amending Subsections (a) and (b) and adding Subsection (d) to read
1-8 as follows:
1-9 (a) The voters of Matagorda County <and Wharton counties>
1-10 elect a district attorney for the 23rd Judicial District who
1-11 represents the state in that district court only in that county
1-12 <those counties>.
1-13 (b) The district attorney also represents the state and
1-14 performs the duties of district attorney before all the district
1-15 courts in Matagorda County <and Wharton counties>.
1-16 (d) The district attorney also handles all:
1-17 (1) felony and misdemeanor criminal matters in all of
1-18 the courts in Matagorda County; and
1-19 (2) juvenile matters under Title 3, Family Code, in
1-20 all of the courts in Matagorda County.
1-21 SECTION 2. Subchapter B, Chapter 43, Government Code, is
1-22 amended by adding Section 43.1775 to read as follows:
1-23 Sec. 43.1775. 329TH JUDICIAL DISTRICT. (a) The voters of
1-24 the 329th Judicial District elect a district attorney.
2-1 (b) The district attorney represents the state and performs
2-2 the duties of prosecutor before the district courts in Wharton
2-3 County.
2-4 SECTION 3. Subchapter B, Chapter 45, Government Code, is
2-5 amended by adding Section 45.261 to read as follows:
2-6 Sec. 45.261. MATAGORDA COUNTY. (a) It is the primary duty
2-7 of the county attorney in Matagorda County to represent the state,
2-8 Matagorda County, and the officials of the county in civil matters
2-9 pending before any court in which the state, Matagorda County, or
2-10 the officials have matters pending.
2-11 (b) The county attorney shall handle children's protective
2-12 services, protective orders under the Family Code, and proceedings
2-13 under Title 2, Family Code.
2-14 (c) At the request of the district attorney, the county
2-15 attorney may assist the district attorney in criminal cases in
2-16 Matagorda County.
2-17 SECTION 4. Section 46.002, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
2-20 applies only to the following prosecutors:
2-21 (1) the district attorneys for the 2nd, 8th, 9th,
2-22 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
2-23 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
2-24 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
2-25 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
2-26 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th,
2-27 329th, 349th, and 355th judicial districts;
3-1 (2) the criminal district attorneys for the counties
3-2 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
3-3 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
3-4 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
3-5 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
3-6 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
3-7 Waller, Wichita, Wood, and Yoakum; and
3-8 (3) the county attorneys performing the duties of
3-9 district attorneys in the counties of Andrews, Callahan, Cameron,
3-10 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
3-11 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
3-12 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
3-13 SECTION 5. This Act takes effect September 1, 1995.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.