1-1     By:  McReynolds, et al. (Senate Sponsor - Nixon)       H.B. No. 844

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 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 creation of the office of district attorney for

 1-9     Judicial District 1-A and to the abolition of the jurisdiction of

1-10     the district attorney for the 1st Judicial District in Newton

1-11     County.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 43.101, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 43.101.  1ST JUDICIAL DISTRICT.  The voters of [Newton,]

1-16     Sabine[,] and San Augustine counties elect a district attorney for

1-17     the 1st Judicial District who represents the state in that district

1-18     court only in those counties.

1-19           SECTION 2.  Subchapter B, Chapter 43, Government Code, is

1-20     amended by adding Section 43.1015 to read as follows:

1-21           Sec. 43.1015.  JUDICIAL DISTRICT 1-A.  (a)  The voters of

1-22     Newton County elect a district attorney for Judicial District 1-A

1-23     who represents the state in that district court only in that

1-24     county.

1-25           (b)  The district attorney of Judicial District 1-A also acts

1-26     as the district attorney for the 1st Judicial District in Newton

1-27     County.

1-28           (c)  No county funds shall be expended for the purpose of

1-29     establishing the office of district attorney for Judicial District

1-30     1-A without approval of a majority of the commissioners court.

1-31           SECTION 3.  Notwithstanding Section 41.010, Government Code,

1-32     the initial vacancy in the office of district attorney for Judicial

1-33     District 1-A on creation of the office shall be filled by election.

1-34     The office of district attorney for Judicial District 1-A exists

1-35     for purposes of the primary and general elections in 1998.  The

1-36     qualified voters of the county shall elect the initial district

1-37     attorney for Judicial District 1-A at the general election in 1998

1-38     for a two-year term beginning January 1, 1999.  Thereafter, the

1-39     district attorney shall be elected for a four-year term as provided

1-40     by Section 65, Article XVI, Texas Constitution.  A vacancy after

1-41     the initial vacancy is filled as provided by Section 12, Article

1-42     IV, Texas Constitution.

1-43           SECTION 4.  (a)  Except as provided by Subsection (b) of this

1-44     section, this Act takes effect January 1, 1999.

1-45           (b)  Section 3 of this Act takes effect September 1, 1997.

1-46           SECTION 5.  The importance of this legislation and the

1-47     crowded condition of the calendars in both houses create an

1-48     emergency and an imperative public necessity that the

1-49     constitutional rule requiring bills to be read on three several

1-50     days in each house be suspended, and this rule is hereby suspended.

1-51                                  * * * * *