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.