By McReynolds H.B. No. 844
75R4584 MWV-D
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. Section 46.002, Government Code, is amended to
1-23 read as follows:
1-24 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
2-1 applies only to the following prosecutors:
2-2 (1) the district attorneys for the 1-A, 2nd, 8th, 9th,
2-3 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
2-4 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
2-5 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
2-6 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
2-7 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
2-8 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
2-9 districts;
2-10 (2) the criminal district attorneys for the counties
2-11 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-12 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-13 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
2-14 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-15 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-16 Waller, Wichita, Wood, and Yoakum; and
2-17 (3) the county attorneys performing the duties of
2-18 district attorneys in the counties of Andrews, Callahan, Cameron,
2-19 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
2-20 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
2-21 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-22 SECTION 4. Notwithstanding Section 41.010, Government Code,
2-23 the initial vacancy in the office of district attorney for Judicial
2-24 District 1-A on creation of the office shall be filled by election.
2-25 The office of district attorney for Judicial District 1-A exists
2-26 for purposes of the primary and general elections in 1998. The
2-27 qualified voters of the county shall elect the initial district
3-1 attorney for Judicial District 1-A at the general election in 1998
3-2 for a two-year term beginning January 1, 1999. Thereafter, the
3-3 district attorney shall be elected for a four-year term as provided
3-4 by Section 65, Article XVI, Texas Constitution. A vacancy after
3-5 the initial vacancy is filled as provided by Section 12, Article
3-6 IV, Texas Constitution.
3-7 SECTION 5. (a) Except as provided by Subsection (b) of this
3-8 section, this Act takes effect January 1, 1999.
3-9 (b) Section 4 of this Act takes effect September 1, 1997.
3-10 SECTION 6. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.