1-1 By: Uher, Saunders (Senate Sponsor - Armbrister) H.B. No. 2574
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 16, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the responsibilities of the Matagorda County Attorney
1-9 and creating the office of district attorney for the 329th Judicial
1-10 District in Wharton County.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 43.110, Government Code, is amended by
1-13 amending Subsections (a) and (b) and adding Subsection (d) to read
1-14 as follows:
1-15 (a) The voters of Matagorda County <and Wharton counties>
1-16 elect a district attorney for the 23rd Judicial District who
1-17 represents the state in that district court only in that county
1-18 <those counties>.
1-19 (b) The district attorney also represents the state and
1-20 performs the duties of district attorney before all the district
1-21 courts in Matagorda County <and Wharton counties>.
1-22 (d) The district attorney also handles all:
1-23 (1) felony and misdemeanor criminal matters in all of
1-24 the courts in Matagorda County; and
1-25 (2) juvenile matters under Title 3, Family Code, in
1-26 all of the courts in Matagorda County.
1-27 SECTION 2. Subchapter B, Chapter 43, Government Code, is
1-28 amended by adding Section 43.1775 to read as follows:
1-29 Sec. 43.1775. 329TH JUDICIAL DISTRICT. (a) The voters of
1-30 the 329th Judicial District elect a district attorney.
1-31 (b) The district attorney represents the state and performs
1-32 the duties of prosecutor before the district courts in Wharton
1-33 County.
1-34 SECTION 3. Subchapter B, Chapter 45, Government Code, is
1-35 amended by adding Section 45.261 to read as follows:
1-36 Sec. 45.261. MATAGORDA COUNTY. (a) It is the primary duty
1-37 of the county attorney in Matagorda County to represent the state,
1-38 Matagorda County, and the officials of the county in civil matters
1-39 pending before any court in which the state, Matagorda County, or
1-40 the officials have matters pending.
1-41 (b) The county attorney shall handle children's protective
1-42 services, protective orders under the Family Code, and proceedings
1-43 under Title 2, Family Code.
1-44 (c) At the request of the district attorney, the county
1-45 attorney may assist the district attorney in criminal cases in
1-46 Matagorda County.
1-47 SECTION 4. Section 46.002, Government Code, is amended to
1-48 read as follows:
1-49 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-50 applies only to the following prosecutors:
1-51 (1) the district attorneys for the 2nd, 8th, 9th,
1-52 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
1-53 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
1-54 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
1-55 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
1-56 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th,
1-57 329th, 349th, and 355th judicial districts;
1-58 (2) the criminal district attorneys for the counties
1-59 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-60 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
1-61 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
1-62 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
1-63 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1-64 Waller, Wichita, Wood, and Yoakum; and
1-65 (3) the county attorneys performing the duties of
1-66 district attorneys in the counties of Andrews, Callahan, Cameron,
1-67 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
1-68 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
2-1 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-2 SECTION 5. This Act takes effect September 1, 1995.
2-3 SECTION 6. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *