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 * * * * *