By Zaffirini S.B. No. 952
74R5322 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the office of criminal district
1-3 attorney of Live Oak County, to the abolition of the office of
1-4 county attorney in Live Oak County, and to the abolition of the
1-5 jurisdiction of the district attorney for the 156th Judicial
1-6 District in Live Oak County.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 43.161, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 43.161. 156th Judicial District. The voters of Bee<,
1-11 Live Oak,> and McMullen counties elect a district attorney for the
1-12 156th Judicial District who represents the state in that district
1-13 court only in those counties. In addition to exercising the duties
1-14 and authority conferred on district attorneys by general law, the
1-15 district attorney shall also represent the state in all criminal
1-16 cases in the district courts in those counties.
1-17 SECTION 2. Section 44.001, Government Code, is amended to
1-18 read as follows:
1-19 Sec. 44.001. Election. The voters of each of the following
1-20 counties elect a criminal district attorney: Anderson, Austin,
1-21 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
1-22 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
1-23 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Live Oak,
1-24 Lubbock, McLennan, Navarro, Panola, Polk, Randall, Rockwall, San
2-1 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
2-2 Victoria, Walker, Waller, Wichita, Wood, and Yoakum.
2-3 SECTION 3. Subchapter B, Chapter 44, Government Code, is
2-4 amended by adding Section 44.249 to read as follows:
2-5 Sec. 44.249. LIVE OAK COUNTY. (a) The criminal district
2-6 attorney has all the powers, duties, and privileges in Live Oak
2-7 County that are conferred by law on county and district attorneys
2-8 in the various counties and districts.
2-9 (b) The criminal district attorney shall collect the fees,
2-10 commissions, and perquisites that are provided by law for similar
2-11 services rendered by a district or county attorney.
2-12 (c) The criminal district attorney or the Commissioners
2-13 Court of Live Oak County may accept gifts and grants from any
2-14 individual, partnership, corporation, trust, foundation,
2-15 association, or governmental entity for the purpose of financing or
2-16 assisting effective prosecution, crime prevention or suppression,
2-17 rehabilitation of offenders, substance abuse education, treatment
2-18 and prevention, or crime victim's assistance programs in Live Oak
2-19 County. The criminal district attorney shall account for and
2-20 report to the commissioners court all gifts or grants accepted
2-21 under this subsection.
2-22 (d) The criminal district attorney shall, with the approval
2-23 of the commissioners court, appoint an assistant district attorney
2-24 or attorneys and other personnel necessary to the proper
2-25 performance of the district attorney's duties. The commissioners
2-26 court shall pay the salaries of the staff and necessary operating
2-27 expenses of the office from county funds.
3-1 SECTION 4. The office of county attorney in Live Oak County
3-2 is abolished.
3-3 SECTION 5. Notwithstanding Section 41.010, Government Code,
3-4 the initial vacancy in the office of criminal district attorney of
3-5 Live Oak County on creation of the office shall be filled by
3-6 election. The office of criminal district attorney of Live Oak
3-7 County exists for purposes of the primary and general elections in
3-8 1996. The qualified voters of the county shall elect the initial
3-9 criminal district attorney of Live Oak County at the general
3-10 election in 1996 for a two-year term beginning January 1, 1997.
3-11 Thereafter, the criminal district attorney shall be elected for a
3-12 four-year term as provided by Section 65, Article XVI, Texas
3-13 Constitution. A vacancy after the initial vacancy is filled as
3-14 provided by Section 12, Article IV, Texas Constitution.
3-15 SECTION 6. (a) Except as provided by Subsection (b) of this
3-16 section, this Act takes effect January 1, 1997.
3-17 (b) Section 5 of this Act takes effect September 1, 1995.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.