By Turner S.B. No. 1698
74R10439 MWV-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the office of district attorney for the
1-3 278th Judicial District in Grimes County, to the responsibilities
1-4 of the Grimes County Attorney, and to the abolition of the
1-5 jurisdiction of the district attorney for the 12th Judicial
1-6 District in Grimes County.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 43.106(a), Government Code, is amended to
1-9 read as follows:
1-10 (a) The voters of <Grimes,> Madison<,> and Leon counties
1-11 elect a district attorney for the 12th Judicial District who
1-12 represents the state in that district court only in those counties.
1-13 SECTION 2. Subchapter B, Chapter 43, Government Code, is
1-14 amended by adding Section 43.1745 to read as follows:
1-15 Sec. 43.1745. 278TH JUDICIAL DISTRICT. (a) The voters of
1-16 Grimes County elect a district attorney for the 278th Judicial
1-17 District who represents the state only in that county.
1-18 (b) The district attorney shall attend each term and session
1-19 of the district courts and all other courts, except municipal
1-20 courts, in Grimes County and, unless otherwise provided by law,
1-21 shall exclusively represent the state in all criminal matters in
1-22 those courts.
1-23 (c) The district attorney has no power, duty, or privilege
1-24 relating to family law and juvenile matters, including matters
2-1 involving children's protective services, protective orders under
2-2 Chapter 71, Family Code, orders under Chapter 21, Family Code,
2-3 proceedings under Title 3, Family Code, civil commitment matters
2-4 under Subtitle C, Title 7, Health and Safety Code, or a quo
2-5 warranto or removal case, except, that if the county attorney fails
2-6 or refuses to act in a quo warranto or removal case, the district
2-7 attorney has the power, duty, and privilege to bring a removal or
2-8 quo warranto action.
2-9 (d) The district attorney has no power, duty, or privilege
2-10 in any civil matter pending before any court.
2-11 (e) The district attorney must be at least 30 years of age,
2-12 must have been a practicing attorney in this state for at least
2-13 five years, and must have been a resident of Grimes County for at
2-14 least three years immediately preceding election or appointment.
2-15 (f) The district attorney may not engage in the private
2-16 practice of law.
2-17 (g) The district attorney may, for the purpose of conducting
2-18 the affairs of the office, appoint assistant district attorneys,
2-19 investigators, and other necessary staff. The salaries of the
2-20 members of the staff of the district attorney's office shall be
2-21 paid from the officer's salary fund of the county with the approval
2-22 of the commissioners court.
2-23 SECTION 3. Subchapter B, Chapter 45, Government Code, is
2-24 amended by adding Section 45.193 to read as follows:
2-25 Sec. 45.193. GRIMES COUNTY. (a) The county attorney of
2-26 Grimes County shall represent the state, Grimes County, and the
2-27 officials of the county in all civil matters pending before the
3-1 courts of Grimes County and any other court.
3-2 (b) The county attorney has the powers, duties, and
3-3 privileges in Grimes County relating to civil commitment matters
3-4 under Subtitle C, Title 7, Health and Safety Code, family law and
3-5 juvenile matters, including children's protective services matters,
3-6 protective orders under Chapter 71, Family Code, orders under
3-7 Chapter 21, Family Code, and proceedings under Title 3, Family
3-8 Code.
3-9 (c) Except as provided by Section 43.1745, the county
3-10 attorney has all the powers, duties, and privileges in Grimes
3-11 County relating to quo warranto and proceedings for removal from
3-12 office.
3-13 (d) The county attorney has no power, duty, or privilege in
3-14 Grimes County relating to criminal matters, including asset
3-15 forfeitures under Chapter 59, Code of Criminal Procedure,
3-16 appearance bond forfeitures under Chapter 17, Code of Criminal
3-17 Procedure, and habeas corpus related to criminal matters.
3-18 SECTION 4. Section 46.002, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
3-21 applies only to the following prosecutors:
3-22 (1) the district attorneys for the 2nd, 8th, 9th,
3-23 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
3-24 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
3-25 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
3-26 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
3-27 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 278th,
4-1 286th, 349th, and 355th judicial districts;
4-2 (2) the criminal district attorneys for the counties
4-3 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
4-4 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
4-5 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
4-6 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
4-7 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
4-8 Waller, Wichita, Wood, and Yoakum; and
4-9 (3) the county attorneys performing the duties of
4-10 district attorneys in the counties of Andrews, Callahan, Cameron,
4-11 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
4-12 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
4-13 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
4-14 SECTION 5. Notwithstanding Section 41.010, Government Code,
4-15 the initial vacancy in the office of district attorney for the
4-16 278th Judicial District on creation of the office shall be filled
4-17 by election. The office of district attorney for the 278th
4-18 Judicial District exists for purposes of the primary and general
4-19 elections in 1996. The qualified voters of the county shall elect
4-20 the initial district attorney for the 278th Judicial District at
4-21 the general election in 1996 for a four-year term beginning January
4-22 1, 1997. Thereafter, the district attorney of the 278th Judicial
4-23 District shall be elected for a four-year term as provided by
4-24 Section 65, Article XVI, Texas Constitution. A vacancy after the
4-25 initial vacancy is filled as provided by Section 12, Article IV,
4-26 Texas Constitution.
4-27 SECTION 6. (a) Except as provided by Subsection (b) of this
5-1 section, this Act takes effect January 1, 1997.
5-2 (b) Section 5 of this Act takes effect September 1, 1995.
5-3 SECTION 7. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.