75R8111 MWV-D                           

         By McReynolds, et al.                                  H.B. No. 844

         Substitute the following for H.B. No. 844:

         By Thompson                                        C.S.H.B. No. 844

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the office of district attorney for

 1-3     Judicial District 1-A and to the abolition of the jurisdiction of

 1-4     the district attorney for the 1st Judicial District in Newton

 1-5     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.  Subchapter B, Chapter 43, Government Code, is

1-14     amended by adding Section 43.1015 to read as follows:

1-15           Sec. 43.1015.  JUDICIAL DISTRICT 1-A.  (a)  The voters of

1-16     Newton County elect a district attorney for Judicial District 1-A

1-17     who represents the state in that district court only in that

1-18     county.

1-19           (b)  The district attorney of Judicial District 1-A also acts

1-20     as the district attorney for the 1st Judicial District in Newton

1-21     County.

1-22           SECTION 3.  Notwithstanding Section 41.010, Government Code,

1-23     the initial vacancy in the office of district attorney for Judicial

1-24     District 1-A on creation of the office shall be filled by election.

 2-1     The office of district attorney for Judicial District 1-A exists

 2-2     for purposes of the primary and general elections in 1998.  The

 2-3     qualified voters of the county shall elect the initial district

 2-4     attorney for Judicial District 1-A at the general election in 1998

 2-5     for a two-year term beginning January 1, 1999.  Thereafter, the

 2-6     district attorney shall be elected for a four-year term as provided

 2-7     by Section 65, Article XVI, Texas Constitution.  A vacancy after

 2-8     the initial vacancy is filled as provided by Section 12, Article

 2-9     IV, Texas Constitution.

2-10           SECTION 4.  (a)  Except as provided by Subsection (b) of this

2-11     section, this Act takes effect January 1, 1999.

2-12           (b)  Section 3 of this Act takes effect September 1, 1997.

2-13           SECTION 5.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.