1-1 By: Hirschi (Senate Sponsor - Haywood) H.B. No. 2725
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 25, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 3, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the reimbursement to Wichita County for use of its
1-9 criminal district attorneys office and prosecutors for prosecuting
1-10 out-of-county mental health matters.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 44.343, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 44.343. Wichita County. (a) The criminal district
1-15 attorney shall represent the state in all matters in the district
1-16 and inferior courts in the county. The criminal district attorney
1-17 shall perform the other duties that are conferred by general law on
1-18 district and county attorneys.
1-19 (b) The criminal district attorney shall collect the fees,
1-20 commissions, and perquisites that are provided by law for similar
1-21 services rendered by a district or county attorney. Additionally,
1-22 the criminal district attorney is entitled to be reimbursed a
1-23 reasonable fee for prosecuting cases arising under Chapter 574,
1-24 Health and Safety Code, in which the patient or proposed patient is
1-25 a resident of a county other than Wichita County. Said fee is to
1-26 be taxed as costs and is to be paid by the county of residence of
1-27 the patient or proposed patient. "Reasonable fee" as used herein
1-28 shall mean an amount equal to the fee ordered by the Court for any
1-29 attorney court-appointed to represent the patient or proposed
1-30 patient at each hearing. Fees collected under this section shall
1-31 be deposited in the account from which Wichita County assistant
1-32 criminal district attorneys are paid.
1-33 SECTION 2. This Act takes effect September 1, 1995.
1-34 SECTION 3. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended.
1-39 * * * * *