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.

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