1-1     By:  Zbranek (Senate Sponsor - Nixon)                  H.B. No. 462

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 16, 1997, reported favorably by the following vote:

 1-5     Yeas 5, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the application of the professional prosecutors law to

 1-9     the district attorney for the 88th Judicial District.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 46.002, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter

1-14     applies only to the following prosecutors:

1-15                 (1)  the district attorneys for the 2nd, 8th, 9th,

1-16     12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,

1-17     36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,

1-18     69th, 70th, 76th, 81st, 84th, 85th, 88th, 90th, 97th, 105th, 106th,

1-19     110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,

1-20     196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,

1-21     268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial

1-22     districts;

1-23                 (2)  the criminal district attorneys for the counties

1-24     of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,

1-25     Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,

1-26     Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,

1-27     McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,

1-28     Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,

1-29     Waller, Wichita, Wood, and Yoakum; and

1-30                 (3)  the county attorneys performing the duties of

1-31     district attorneys in the counties of Andrews, Callahan, Cameron,

1-32     Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,

1-33     Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,

1-34     Red River, Robertson, Rusk, Terry, Webb, and Willacy.

1-35           SECTION 2.  Section 43.144, Government Code, is amended as

1-36     follows:

1-37           Sec. 43.144.  88TH JUDICIAL DISTRICT.  [(a)]  The voters of

1-38     Hardin County elect a district attorney for the 88th Judicial

1-39     District.  The district attorney acts as district attorney in

1-40     Hardin County only.

1-41           [(b)  The Commissioners Court of Hardin County may supplement

1-42     the state salary of the district attorney in the amount set by the

1-43     commissioners court, not to exceed $5,000 a year.  The supplemental

1-44     salary shall be paid from the officers' salary fund of the county,

1-45     if adequate.  If that fund is inadequate, the commissioners court

1-46     may transfer the necessary funds from the general fund of the

1-47     county.]

1-48           SECTION 3.  This Act takes effect September 1, 1997.

1-49           SECTION 4.  The importance of this legislation and the

1-50     crowded condition of the calendars in both houses create an

1-51     emergency and an imperative public necessity that the

1-52     constitutional rule requiring bills to be read on three several

1-53     days in each house be suspended, and this rule is hereby suspended.

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