1-1 AN ACT
1-2 relating to the application of the professional prosecutors law to
1-3 the criminal district attorney of Collin County.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
1-8 applies only to the following prosecutors:
1-9 (1) the district attorneys for the 2nd, 8th, 9th,
1-10 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
1-11 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-12 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
1-13 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
1-14 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
1-15 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
1-16 districts;
1-17 (2) the criminal district attorneys for the counties
1-18 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-19 Calhoun, Cass, Collin, Deaf Smith, Denton, Eastland, Galveston,
1-20 Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman,
1-21 Lubbock, McLennan, Navarro, Panola, Polk, Randall, Rockwall, San
1-22 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
1-23 Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
1-24 (3) the county attorneys performing the duties of
2-1 district attorneys in the counties of Andrews, Callahan, Cameron,
2-2 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
2-3 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
2-4 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-5 SECTION 2. Section 44.143, Government Code, is amended to
2-6 read as follows:
2-7 Sec. 44.143. COLLIN COUNTY. (a) The criminal district
2-8 attorney of Collin County shall attend each term and session of the
2-9 district courts in Collin County held for the transaction of
2-10 criminal business. He shall represent the state in all criminal
2-11 and civil cases in the courts in the county unless otherwise
2-12 provided by law.
2-13 (b) The criminal district attorney has all the powers,
2-14 duties, and privileges in Collin County relating to criminal or
2-15 civil matters involving the county or state that are conferred by
2-16 law on county and district attorneys in the various counties and
2-17 districts.
2-18 (c) [The criminal district attorney may not engage in the
2-19 private practice of law.]
2-20 [(d) The Commissioners Court of Collin County may supplement
2-21 the compensation paid by the state to the criminal district
2-22 attorney.]
2-23 [(e) Collin County is not entitled to the benefits of
2-24 Subchapter C, Chapter 41, in addition to the state compensation
2-25 provided by Subsection (d).]
2-26 [(f)] A vacancy in the office of criminal district attorney
2-27 is filled by appointment by the Commissioners Court of Collin
3-1 County. The appointee holds office until the next general
3-2 election.
3-3 SECTION 3. This Act takes effect September 1, 1997.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 907 was passed by the House on April
25, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 907 on May 28, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 907 on June 1, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 907 was passed by the Senate, with
amendments, on May 23, 1997, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 907 on June 1, 1997, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor