1-1 By: Madden (Senate Sponsor - Shapiro) H.B. No. 907
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 16, 1997, reported favorably by the following
1-5 vote: 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 application of the professional prosecutors law to
1-9 the criminal district attorney of Collin County.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 46.002, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
1-14 applies only to the following prosecutors:
1-15 (1) the district attorneys for the 2nd, 8th, 9th,
1-16 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
1-17 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-18 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
1-19 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
1-20 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
1-21 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
1-22 districts;
1-23 (2) the criminal district attorneys for the counties
1-24 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-25 Calhoun, Cass, Collin, Deaf Smith, Denton, Eastland, Galveston,
1-26 Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman,
1-27 Lubbock, McLennan, Navarro, Panola, Polk, Randall, Rockwall, San
1-28 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
1-29 Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
1-30 (3) the county attorneys performing the duties of
1-31 district attorneys in the counties of Andrews, Callahan, Cameron,
1-32 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
1-33 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
1-34 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
1-35 SECTION 2. Section 44.143, Government Code, is amended to
1-36 read as follows:
1-37 Sec. 44.143. COLLIN COUNTY. (a) The criminal district
1-38 attorney of Collin County shall attend each term and session of the
1-39 district courts in Collin County held for the transaction of
1-40 criminal business. He shall represent the state in all criminal
1-41 and civil cases in the courts in the county unless otherwise
1-42 provided by law.
1-43 (b) The criminal district attorney has all the powers,
1-44 duties, and privileges in Collin County relating to criminal or
1-45 civil matters involving the county or state that are conferred by
1-46 law on county and district attorneys in the various counties and
1-47 districts.
1-48 (c) [The criminal district attorney may not engage in the
1-49 private practice of law.]
1-50 [(d) The Commissioners Court of Collin County may supplement
1-51 the compensation paid by the state to the criminal district
1-52 attorney.]
1-53 [(e) Collin County is not entitled to the benefits of
1-54 Subchapter C, Chapter 41, in addition to the state compensation
1-55 provided by Subsection (d).]
1-56 [(f)] A vacancy in the office of criminal district attorney
1-57 is filled by appointment by the Commissioners Court of Collin
1-58 County. The appointee holds office until the next general
1-59 election.
1-60 SECTION 3. This Act takes effect September 1, 1997.
1-61 SECTION 4. The importance of this legislation and the
1-62 crowded condition of the calendars in both houses create an
1-63 emergency and an imperative public necessity that the
1-64 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
2-2 * * * * *