1-1 AN ACT
1-2 relating to the creation of the office of criminal district
1-3 attorney of Newton County, to the office of district attorney for
1-4 the 1st Judicial District, and to the abolition of the office of
1-5 county attorney of Newton County.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 43.101, Government Code, is amended to
1-8 read as follows:
1-9 Sec. 43.101. 1st Judicial District. The voters of [Newton,]
1-10 Sabine[,] and San Augustine counties elect a district attorney for
1-11 the 1st Judicial District who represents the state in that district
1-12 court only in those counties.
1-13 SECTION 2. Section 44.001, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 44.001. Election. The voters of each of the following
1-16 counties elect a criminal district attorney: Anderson, Austin,
1-17 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
1-18 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
1-19 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Lubbock,
1-20 McLennan, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
1-21 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
1-22 Victoria, Walker, Waller, Wichita, Wood, and Yoakum.
1-23 SECTION 3. Subchapter B, Chapter 44, Government Code, is
1-24 amended by adding Section 44.276 to read as follows:
2-1 Sec. 44.276. NEWTON COUNTY. (a) The criminal district
2-2 attorney of Newton County must be at least 25 years old and have
2-3 been a practicing attorney in this state for five years.
2-4 (b) The criminal district attorney shall attend each term
2-5 and session of the district courts in Newton County and each term
2-6 and session of the inferior courts of the county held for the
2-7 transaction of criminal business and shall exclusively represent
2-8 the state in all criminal matters before those courts.
2-9 (c) The criminal district attorney shall perform the duties
2-10 conferred by law on county and district attorneys in the various
2-11 counties and districts.
2-12 (d) The criminal district attorney shall collect the fees,
2-13 commissions, and perquisites that are provided by law for similar
2-14 services rendered by a district or county attorney.
2-15 (e) The criminal district attorney is entitled to receive in
2-16 equal monthly installments compensation from the state equal to the
2-17 amount paid by the state to district attorneys. The state
2-18 compensation shall be paid by the comptroller as appropriated by
2-19 the legislature.
2-20 SECTION 4. Section 46.002, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
2-23 applies only to the following prosecutors:
2-24 (1) the district attorneys for the 2nd, 8th, 9th,
2-25 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
2-26 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
2-27 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
3-1 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
3-2 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
3-3 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
3-4 districts;
3-5 (2) the criminal district attorneys for the counties
3-6 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
3-7 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
3-8 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
3-9 McLennan, Navarro, Newton, Panola, Polk, Randall, Rockwall, San
3-10 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
3-11 Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
3-12 (3) the county attorneys performing the duties of
3-13 district attorneys in the counties of Andrews, Callahan, Cameron,
3-14 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
3-15 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
3-16 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
3-17 SECTION 5. The office of county attorney of Newton County is
3-18 abolished.
3-19 SECTION 6. This Act takes effect September 1, 1997.
3-20 SECTION 7. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 844 was passed by the House on May
10, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 844 on May 25, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 844 was passed by the Senate, with
amendments, on May 23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor