H.B. No. 3235
    1-1                                AN ACT
    1-2  relating to the creation of certain judicial districts and to the
    1-3  offices of district attorneys of certain judicial districts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 24.109, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 24.109.  9TH JUDICIAL DISTRICT (MONTGOMERY<, POLK, SAN
    1-8  JACINTO,> AND WALLER COUNTIES).  (a)  The 9th Judicial District is
    1-9  composed of Montgomery<, Polk, San Jacinto,> and Waller counties.
   1-10        (b)  <In Polk County, the 9th Judicial District has
   1-11  concurrent jurisdiction with the county court in all misdemeanor
   1-12  cases in which the county court has jurisdiction.  Misdemeanor
   1-13  cases may be filed in either the district or county court and may
   1-14  be transferred from one court to another.  A misdemeanor case in
   1-15  which the courts have concurrent jurisdiction may not be
   1-16  transferred from one court to another without the consent of the
   1-17  judge of the court to which it is transferred.>
   1-18        <(c)>  The 9th and 155th district courts have concurrent
   1-19  jurisdiction in Waller County.
   1-20        (c) <(d)>  The terms of the 9th District Court begin:
   1-21              (1)  in Montgomery County on the <16th Monday after
   1-22  the> first Monday in January and the <18th Monday after the> first
   1-23  Monday in July; and
    2-1              (2)  <in Polk County on the first Monday in January and
    2-2  the third Monday in July;>
    2-3              <(3)  in San Jacinto County on the seventh Monday after
    2-4  the first Monday in January and the ninth Monday after the first
    2-5  Monday in July; and>
    2-6              <(4)>  in Waller County on the 10th Monday after the
    2-7  first Monday in January and the 12th Monday after the first Monday
    2-8  in July.
    2-9        SECTION 2.  Section 24.110, Government Code, is amended to
   2-10  read as follows:
   2-11        Sec. 24.110.  410TH <SECOND 9TH> JUDICIAL DISTRICT
   2-12  (MONTGOMERY COUNTY<, POLK, SAN JACINTO, AND TRINITY COUNTIES>).
   2-13  (a)  The 410th <Second 9th> Judicial District is composed of
   2-14  Montgomery County<, Polk, San Jacinto, and Trinity counties>.
   2-15        (b)  <In Polk County, the Second 9th Judicial District has
   2-16  concurrent jurisdiction with the county court in all misdemeanor
   2-17  cases in which the county court has jurisdiction.  Misdemeanor
   2-18  cases may be filed in either the district or county court and may
   2-19  be transferred from one court to another.  A misdemeanor case in
   2-20  which the courts have jurisdiction may not be transferred from one
   2-21  court to another without the consent of the judge of the court to
   2-22  which it is transferred.>
   2-23        <(c)>  The terms of the 410th <Second 9th> District Court
   2-24  begin<:>
   2-25              <(1)  in Montgomery County> on the third Monday in
    3-1  January, the eighth Monday after the first Monday in January, the
    3-2  third Monday in July, and the 10th Monday after the first Monday in
    3-3  July<;>
    3-4              <(2)  in Polk County on the 18th Monday after the first
    3-5  Monday in January and the 20th Monday after the first Monday in
    3-6  July;>
    3-7              <(3)  in San Jacinto County on the 16th Monday after
    3-8  the first Monday in January and the 18th Monday after the first
    3-9  Monday in July; and>
   3-10              <(4)  in Trinity County on the first Monday in January
   3-11  and the 23rd Monday after the first Monday in January>.
   3-12        SECTION 3.  Subchapter C, Chapter 24, Government Code, is
   3-13  amended by adding Section 24.537 to read as follows:
   3-14        Sec. 24.537.  392ND JUDICIAL DISTRICT (HENDERSON COUNTY).
   3-15  (a)  The 392nd Judicial District is composed of Henderson County.
   3-16        (b)  A judge of the 392nd Judicial District may not be
   3-17  assigned under Chapter 74 to serve as a visiting judge in Bexar,
   3-18  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
   3-19  Tarrant, or Travis County.
   3-20        SECTION 4.  Subchapter C, Chapter 24, Government Code, is
   3-21  amended by adding Section 24.553 to read as follows:
   3-22        Sec. 24.553.  411TH JUDICIAL DISTRICT (POLK, SAN JACINTO, AND
   3-23  TRINITY COUNTIES).  (a)  The 411th Judicial District is composed of
   3-24  Polk, San Jacinto, and Trinity counties.
   3-25        (b)  A judge of the 411th Judicial District may not be
    4-1  assigned under Chapter 74 to serve as a visiting judge in Bexar,
    4-2  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
    4-3  Tarrant, or Travis County.
    4-4        SECTION 5.  Section 43.105(a), Government Code, is amended to
    4-5  read as follows:
    4-6        (a)  The voters of Montgomery County elect a district
    4-7  attorney for the 9th Judicial District who represents the state in
    4-8  that district court only in that county.  The district attorney
    4-9  also acts as district attorney for the 410th <Second 9th> Judicial
   4-10  District in Montgomery County.
   4-11        SECTION 6.  Section 43.171(b), Government Code, is amended to
   4-12  read as follows:
   4-13        (b)  The district attorney of the 258th Judicial District
   4-14  also acts as district attorney for the 411th <Second 9th> Judicial
   4-15  District in Trinity County.
   4-16        SECTION 7.  Section 44.287(a), Government Code, is amended to
   4-17  read as follows:
   4-18        (a)  The criminal district attorney shall attend each term
   4-19  and session of the <9th, second 9th, and> 258th and 411th district
   4-20  courts of Polk County and each term and session of the inferior
   4-21  courts held for the transaction of criminal business and shall
   4-22  exclusively represent the state in all criminal matters before
   4-23  those courts.
   4-24        SECTION 8.  Section 44.304(a), Government Code, is amended to
   4-25  read as follows:
    5-1        (a)  The criminal district attorney shall attend each term
    5-2  and session of the <9th, Second 9th, and> 258th and 411th district
    5-3  courts of San Jacinto County and each term and session of the
    5-4  inferior courts held for the transaction of criminal business and
    5-5  shall exclusively represent the state in all criminal matters
    5-6  before those courts.
    5-7        SECTION 9.  The following statutes are repealed:
    5-8              (1)  Section 32.204(d), Government Code;
    5-9              (2)  Section 32.228(d), Government Code; and
   5-10              (3)  Section 32.237(d), Government Code.
   5-11        SECTION 10.  The 392nd and the 411th judicial districts are
   5-12  created and take effect September 1, 1995.
   5-13        SECTION 11.  Effective September 1, 1995, Subchapter C,
   5-14  Chapter 24, Government Code, is amended by adding Section 24.523 to
   5-15  read as follows:
   5-16        Sec. 24.523.  378TH JUDICIAL DISTRICT (ELLIS COUNTY).  (a)
   5-17  The 378th Judicial District is composed of Ellis County.
   5-18        (b)  A judge of the 378th Judicial District may not be
   5-19  assigned under Chapter 74 to serve as a visiting judge in Bexar,
   5-20  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
   5-21  Tarrant, or Travis County.
   5-22        SECTION 12.  Effective September 1, 1996, Subchapter C,
   5-23  Chapter 24, Government Code, is amended by adding Section 24.525 to
   5-24  read as follows:
   5-25        Sec. 24.525.  380TH JUDICIAL DISTRICT (COLLIN COUNTY).  (a)
    6-1  The 380th Judicial District is composed of Collin County.
    6-2        (b)  A judge of the 380th Judicial District may not be
    6-3  assigned under Chapter 74 to serve as a visiting judge in Bexar,
    6-4  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
    6-5  Tarrant, or Travis County.
    6-6        SECTION 13.  Effective September 1, 1995, Subchapter C,
    6-7  Chapter 24, Government Code, is amended by adding Section 24.526 to
    6-8  read as follows:
    6-9        Sec. 24.526.  381ST JUDICIAL DISTRICT (STARR COUNTY).  (a)
   6-10  The 381st Judicial District is composed of Starr County.
   6-11        (b)  A judge of the 381st Judicial District may not be
   6-12  assigned under Chapter 74 to serve as a visiting judge in Bexar,
   6-13  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
   6-14  Tarrant, or Travis County.
   6-15        SECTION 14.  Effective September 1, 1995, Section 24.500,
   6-16  Government Code, is amended to read as follows:
   6-17        Sec. 24.500.  354TH JUDICIAL DISTRICT (HUNT AND<,> RAINS<,
   6-18  AND ROCKWALL> COUNTIES).  (a)  The 354th Judicial District is
   6-19  composed of Hunt and<,> Rains<, and Rockwall> counties.
   6-20        (b)  Section 24.108, relating to the 8th District Court,
   6-21  contains provisions applicable to both that court and the 354th
   6-22  District Court.
   6-23        SECTION 15.  Effective September 1, 1995, Subchapter C,
   6-24  Chapter 24, Government Code, is amended by adding Section 24.527 to
   6-25  read as follows:
    7-1        Sec. 24.527.  382ND JUDICIAL DISTRICT (ROCKWALL COUNTY).  (a)
    7-2  The 382nd Judicial District is composed of Rockwall County.
    7-3        (b)  A judge of the 382nd Judicial District may not be
    7-4  assigned under Chapter 74 to serve as a visiting judge in Bexar,
    7-5  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
    7-6  Tarrant, or Travis County.
    7-7        SECTION 16.  Effective September 1, 1995, Subchapter C,
    7-8  Chapter 24, Government Code, is amended by adding Sections 24.528
    7-9  and 24.529 to read as follows:
   7-10        Sec. 24.528.  383RD JUDICIAL DISTRICT (EL PASO COUNTY).  (a)
   7-11  The 383rd Judicial District is composed of El Paso County.
   7-12        (b)  A judge of the 383rd Judicial District may not be
   7-13  assigned under Chapter 74 to serve as a visiting judge in Bexar,
   7-14  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
   7-15  Tarrant, or Travis County.
   7-16        (c)  The secretary of state shall submit the changes made to
   7-17  this section by H.B. 3235 of the 74th Legislature, Regular Session,
   7-18  to the U.S. Justice Department for preclearance under Section 5 of
   7-19  the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
   7-20  1973 et seq.).  The changes made to this section by H.B. 3235 of
   7-21  the 74th Legislature, Regular Session, become inoperative if the
   7-22  U.S. Justice Department files a timely objection pursuant to
   7-23  Section 5 of the Voting Rights Act of 1965 as amended.
   7-24        Sec. 24.529.  384TH JUDICIAL DISTRICT (EL PASO COUNTY).  (a)
   7-25  The 384th Judicial District is composed of El Paso County.
    8-1        (b)  A judge of the 384th Judicial District may not be
    8-2  assigned under Chapter 74 to serve as a visiting judge in Bexar,
    8-3  Dallas, Ector, Fort Bend, Harris, Jefferson, Lubbock, Midland,
    8-4  Tarrant, or Travis County.
    8-5        (c)  The secretary of state shall submit the changes made to
    8-6  this section by H.B. 3235 of the 74th Legislature, Regular Session,
    8-7  to the U.S. Justice Department for preclearance under Section 5 of
    8-8  the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
    8-9  1973 et seq.).  The changes made to this section by H.B. 3235 of
   8-10  the 74th Legislature, Regular Session, become inoperative if the
   8-11  U.S. Justice Department files a timely objection pursuant to
   8-12  Section 5 of the Voting Rights Act of 1965 as amended.
   8-13        SECTION 17.  Effective September 1, 1995, Section 24.136,
   8-14  Government Code, is amended to read as follows:
   8-15        Sec. 24.136.  34TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
   8-16  COUNTY<, AND HUDSPETH COUNTIES>).  (a)  The 34th Judicial District
   8-17  is composed of <Culberson,> El Paso County<, and Hudspeth
   8-18  counties>.
   8-19        (b)  In El Paso County, the 34th, 41st, 65th, 120th, and
   8-20  171st district courts have concurrent jurisdiction.
   8-21        (c)  The terms of the 34th District Court begin<:>
   8-22              <(1)  in Culberson County on the third Monday in
   8-23  October and the first Monday in April;>
   8-24              <(2)  in El Paso County> on the third Mondays in April
   8-25  and September and the first Mondays in January, July, and
    9-1  November<; and>
    9-2              <(3)  in Hudspeth County on the third Monday in March
    9-3  and the first Monday in September>.
    9-4        (d)  A grand jury may not be impaneled in any district court
    9-5  in El Paso County except the 34th District Court unless the judge
    9-6  of another district court in the county calls for a grand jury by
    9-7  special order.
    9-8        SECTION 18.  Effective September 1, 1995, Section 24.185,
    9-9  Government Code, is amended to read as follows:
   9-10        Sec. 24.185.  83RD JUDICIAL DISTRICT (<BREWSTER, JEFF DAVIS,>
   9-11  PECOS, <PRESIDIO,> REAGAN, AND UPTON COUNTIES).  (a)  The 83rd
   9-12  Judicial District is composed of <Brewster, Jeff Davis,> Pecos,
   9-13  <Presidio,> Reagan, and Upton counties.
   9-14        (b)  The 83rd and 112th district courts have concurrent
   9-15  jurisdiction in Pecos, Reagan, and Upton counties.
   9-16        (c)  The terms of the 83rd District Court begin:
   9-17              (1)  <in Brewster County on the fourth and 11th Mondays
   9-18  after the first Mondays in January and July;>
   9-19              <(2)  in Jeff Davis County on the second Mondays in
   9-20  January and July;>
   9-21              <(3)>  in Pecos County on the ninth Monday after the
   9-22  first Mondays in January and July;
   9-23              <(4)  in Presidio County on the third Monday after the
   9-24  first Mondays in January and July;>
   9-25              (2) <(5)>  in Reagan County on the 14th Monday after
   10-1  the first Mondays in January and July; and
   10-2              (3) <(6)>  in Upton County on the 12th Monday after the
   10-3  first Mondays in January and July.
   10-4        (d)  In each of the counties of Pecos and Upton, a petition
   10-5  or other pleading filed in the district courts is sufficient if
   10-6  addressed "To The District Court of Pecos County, Texas," or "To
   10-7  The District Court of Upton County, Texas," respectively, without
   10-8  giving the number of the district court in the address.
   10-9        (e)  The secretary of state shall submit the changes made to
  10-10  this section by H.B. 3235 of the 74th Legislature, Regular Session,
  10-11  to the U.S. Justice Department for preclearance under Section 5 of
  10-12  the federal Voting Rights Act of 1965 as amended (42 U.S.C. Section
  10-13  1973 et seq.).  The changes made to this section by H.B. 3235 of
  10-14  the 74th Legislature, Regular Session, become inoperative if the
  10-15  U.S. Justice Department files a timely objection pursuant to
  10-16  Section 5 of the Voting Rights Act of 1965 as amended.
  10-17        SECTION 19.  Effective September 1, 1995, Section 24.389,
  10-18  Government Code, is amended to read as follows:
  10-19        Sec. 24.389.  210TH JUDICIAL DISTRICT (<CULBERSON,> EL PASO
  10-20  COUNTY<, AND HUDSPETH COUNTIES>).  (a)  The 210th Judicial District
  10-21  is composed of <Culberson,> El Paso County<, and Hudspeth
  10-22  counties>.
  10-23        (b)  Section 24.136, relating to the 34th District Court,
  10-24  contains provisions applicable to both that court and the 210th
  10-25  District Court.
   11-1        SECTION 20.  Effective September 1, 1995, Subchapter C,
   11-2  Chapter 24, Government Code, is amended by adding Section 24.539 to
   11-3  read as follows:
   11-4        Sec. 24.539.  394TH JUDICIAL DISTRICT (BREWSTER, CULBERSON,
   11-5  HUDSPETH, JEFF DAVIS, AND PRESIDIO COUNTIES).  (a)  The 394th
   11-6  Judicial District is composed of Brewster, Culberson, Hudspeth,
   11-7  Jeff Davis, and Presidio counties.
   11-8        (b)  The terms of the 394th District Court begin:
   11-9              (1)  in Brewster County on the first Monday in March
  11-10  and the third Monday in September;
  11-11              (2)  in Culberson County on the third Monday in October
  11-12  and the first Monday in April;
  11-13              (3)  in Hudspeth County on the third Monday in March
  11-14  and the first Monday in September;
  11-15              (4)  in Jeff Davis County on the second Mondays in
  11-16  January and July; and
  11-17              (5)  in Presidio County on the third Monday after the
  11-18  first Mondays in January and July.
  11-19        (c)  The judge of the 394th Judicial District may not be
  11-20  assigned under Chapter 74 of the Government Code to serve as a
  11-21  visiting judge in Bexar, Dallas, Ector, Fort Bend, Harris,
  11-22  Jefferson, Lubbock, Midland, Tarrant, or Travis County.
  11-23        SECTION 21.  Effective September 1, 1995, Sections 43.120(a)
  11-24  and (b), Government Code, are amended to read as follows:
  11-25        (a)  The voters of Culberson, Hudspeth, and El Paso counties
   12-1  <the 34th Judicial District> elect a district attorney for the 34th
   12-2  Judicial District.
   12-3        (b)  The district attorney for the 34th Judicial District
   12-4  also acts as district attorney for the 41st, 65th, 120th, and 171st
   12-5  judicial districts, the 394th Judicial District in Culberson and
   12-6  Hudspeth counties, and represents the state in all criminal cases
   12-7  before every district court having jurisdiction in El Paso County.
   12-8        SECTION 22.  Effective September 1, 1995, Section 43.141,
   12-9  Government Code, is amended to read as follows:
  12-10        Sec. 43.141.  83RD JUDICIAL DISTRICT.  (a)  The voters of
  12-11  Brewster, Jeff Davis, Pecos, Presidio, Reagan, and Upton counties
  12-12  <the 83rd Judicial District> elect a district attorney for the 83rd
  12-13  Judicial District.
  12-14        (b)  The district attorney for the 83rd district also acts as
  12-15  district attorney for the 394th Judicial District in Brewster, Jeff
  12-16  Davis, and Presidio counties.
  12-17        SECTION 23.  (a)  The local administrative district judge
  12-18  shall transfer all cases from Culberson and Hudspeth counties that
  12-19  are pending in the 34th and 210th district courts on the effective
  12-20  date of this Act to the 394th District Court.
  12-21        (b)  The local administrative district judge shall transfer
  12-22  all cases from Brewster, Jeff Davis, and Presidio counties that are
  12-23  pending in the 83rd District Court on the effective date of this
  12-24  Act to the 394th District Court.
  12-25        (c)  When a case is transferred from one court to another as
   13-1  provided by Subsections (a) and (b) of this section, all processes,
   13-2  writs, bonds, recognizances, or other obligations issued from the
   13-3  transferring court are returnable to the court to which the case is
   13-4  transferred as if originally issued by that court.  The obligees in
   13-5  all bonds and recognizances taken in and for a court from which a
   13-6  case is transferred, and all witnesses summoned to appear in a
   13-7  court from which a case is transferred, are required to appear
   13-8  before the court to which a case is transferred as if originally
   13-9  required to appear before the court to which the transfer is made.
  13-10        (d)  This section takes effect September 1, 1995.
  13-11        SECTION 24.  Subsection (a), Section 43.106, Government Code,
  13-12  is amended to read as follows:
  13-13        (a)  The voters of <Grimes,> Madison<,> and Leon counties
  13-14  elect a district attorney for the 12th Judicial District who
  13-15  represents the state in that district court only in those counties.
  13-16        SECTION 25.  Subchapter B, Chapter 43, Government Code, is
  13-17  amended by adding Section 43.1745 to read as follows:
  13-18        Sec. 43.1745.  278TH JUDICIAL DISTRICT.  (a)  The voters of
  13-19  Grimes County elect a district attorney for the 278th Judicial
  13-20  District who represents the state only in that county.
  13-21        (b)  The district attorney shall attend each term and session
  13-22  of the district courts and all other courts, except municipal
  13-23  courts, in Grimes County and, unless otherwise provided by law,
  13-24  shall exclusively represent the state in all criminal matters in
  13-25  those courts.
   14-1        (c)  The district attorney has no power, duty, or privilege
   14-2  relating to family law and juvenile matters, including matters
   14-3  involving children's protective services, protective orders under
   14-4  Chapter 71, Family Code, orders under Chapter 21, Family Code,
   14-5  proceedings under Title 3, Family Code, civil commitment matters
   14-6  under Subtitle C, Title 7, Health and Safety Code, or a quo
   14-7  warranto or removal case, except, that if the county attorney fails
   14-8  or refuses to act in a quo warranto or removal case, the district
   14-9  attorney has the power, duty, and privilege to bring a removal of
  14-10  quo warranto action.
  14-11        (d)  The district attorney has no power, duty, or privilege
  14-12  in any civil matter pending before any court.
  14-13        (e)  The district attorney must be at least 30 years of age,
  14-14  must have been a practicing attorney in this state for at least
  14-15  five years, and must have been a resident of Grimes County for at
  14-16  least three years immediately preceding election or appointment.
  14-17        (f)  The district attorney may not engage in the private
  14-18  practice of law.
  14-19        (g)  The district attorney may, for the purpose of conducting
  14-20  the affairs of the office, appoint assistant district attorneys,
  14-21  investigators, and other necessary staff.  The salaries of the
  14-22  members of the staff of the district attorney's office shall be
  14-23  paid from the officer's salary fund of the county with the approval
  14-24  of the commissioners court.
  14-25        SECTION 26.  Subchapter B, Chapter 45, Government Code, is
   15-1  amended by adding Section 45.193 to read as follows:
   15-2        Sec. 45.193.  GRIMES COUNTY.  (a)  The county attorney of
   15-3  Grimes County shall represent the state, Grimes County, and the
   15-4  officials of the county in all civil matters pending before the
   15-5  courts of Grimes County and any other court.
   15-6        (b)  The county attorney has the powers, duties, and
   15-7  privileges in Grimes County relating to civil commitment matters
   15-8  under Subtitle C, Title 7, Health and Safety Code, family law and
   15-9  juvenile matters, including children's protective services matters,
  15-10  protective orders under Chapter 71, Family Code, orders under
  15-11  Chapter 21, Family Code, and proceedings under Title 3, Family
  15-12  Code.
  15-13        (c)  Except as provided by Section 43.1745, the county
  15-14  attorney has all the powers, duties, and privileges in Grimes
  15-15  County relating to quo warranto and proceedings for removal from
  15-16  office.
  15-17        (d)  The county attorney has no power, duty, or privilege in
  15-18  Grimes County relating to criminal matters, including asset
  15-19  forfeitures under Chapter 59, Code of Criminal Procedure,
  15-20  appearance bond forfeitures under Chapter 17, Code of Criminal
  15-21  Procedure, and habeas corpus related to criminal matters.
  15-22        SECTION 27.  Section 46.002, Government Code, is amended to
  15-23  read as follows:
  15-24        Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter
  15-25  applies only to the following prosecutors:
   16-1              (1)  the district attorneys for the 2nd, 8th, 9th,
   16-2  12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
   16-3  36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
   16-4  69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
   16-5  110th, 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th,
   16-6  198th, 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st,
   16-7  278th, 286th, 349th, and 355th judicial districts;
   16-8              (2)  the criminal district attorneys for the counties
   16-9  of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
  16-10  Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
  16-11  Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
  16-12  McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
  16-13  Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
  16-14  Waller, Wichita, Wood, and Yoakum; and
  16-15              (3)  the county attorneys performing the duties of
  16-16  district attorneys in the counties of Andrews, Callahan, Cameron,
  16-17  Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
  16-18  Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
  16-19  Red River, Robertson, Rusk, Terry, Webb, and Willacy.
  16-20        SECTION 28.  Notwithstanding Section 41.010, Government Code,
  16-21  the initial vacancy in the office of district attorney for the
  16-22  278th Judicial District on creation of the office shall be filled
  16-23  by election.  The office of district attorney for the 278th
  16-24  Judicial District exists for purposes of the primary and general
  16-25  elections in 1996.  The qualified voters of the county shall elect
   17-1  the initial district attorney for the 278th Judicial District at
   17-2  the general election in 1996 for a four-year term beginning
   17-3  January 1, 1997.  Thereafter, the district attorney of the 278th
   17-4  Judicial District shall be elected for a four-year term as provided
   17-5  by Section 65, Article XVI, Texas Constitution.  A vacancy after
   17-6  the initial vacancy is filled as provided by Section 12, Article
   17-7  IV, Texas Constitution.  This section takes effect September 1,
   17-8  1995.
   17-9        SECTION 29.  Except as otherwise provided, this Act takes
  17-10  effect January 1, 1997.
  17-11        SECTION 30.  The importance of this legislation and the
  17-12  crowded condition of the calendars in both houses create an
  17-13  emergency and an imperative public necessity that the
  17-14  constitutional rule requiring bills to be read on three several
  17-15  days in each house be suspended, and this rule is hereby suspended.