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.