1-1                                   AN ACT

 1-2     relating to the creation of the constitutional office of criminal

 1-3     district attorney of Comal County, to the abolition of the office

 1-4     of the county attorney in Comal County, and to the abolition of the

 1-5     office of the district attorney for the 22nd Judicial District.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 44.001, Government Code, is amended to

 1-8     read as follows:

 1-9           Sec. 44.001.  ELECTION.  The voters of each of the following

1-10     counties elect a criminal district attorney:  Anderson, Austin,

1-11     Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,

1-12     Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg,

1-13     Harrison, Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman,

1-14     Lubbock,  McLennan, Navarro, Panola, Polk, Randall, Rockwall, San

1-15     Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

1-16     Victoria, Walker, Waller, Wichita, Wood, and Yoakum.

1-17           SECTION 2.  Subchapter B, Chapter 44, Government Code, is

1-18     amended by adding Section 44.146 to read as follows:

1-19           Sec. 44.146.  COMAL COUNTY.  (a)  The criminal district

1-20     attorney of Comal County must meet the following qualifications:

1-21                 (1)  be at least 30 years old;

1-22                 (2)  have been a practicing attorney in this state for

1-23     at least five years; and

1-24                 (3)  be a resident of Comal County.

 2-1           (b)  The criminal district attorney has all the powers,

 2-2     duties, and privileges in Comal County that are conferred by law on

 2-3     county and district attorneys in the various counties and

 2-4     districts.

 2-5           (c)  The criminal district attorney shall collect the fees,

 2-6     commissions, and perquisites that are provided by law for similar

 2-7     services rendered by a district or county attorney.

 2-8           (d)  The criminal district attorney shall, with the approval

 2-9     of the commissioners court, appoint an assistant district attorney

2-10     and other personnel necessary to the proper performance of the

2-11     district attorney's duties. The commissioners court shall pay the

2-12     salaries of the staff and necessary operating expenses of the

2-13     office from county funds.

2-14           (e)  The criminal district attorney shall, with the advice

2-15     and consent of the commissioners court,  designate one or more

2-16     individuals to act as  assistant criminal district attorney with

2-17     exclusive responsibility for assisting the commissioners court.

2-18           SECTION 3.  Section 46.002, Government Code, is amended to

2-19     read as follows:

2-20           Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter

2-21     applies only to the following prosecutors:

2-22                 (1)  the district attorneys for the 2nd, 8th, 9th,

2-23     12th, 18th, 21st, [22nd,] 23rd, 24th, 26th, 27th, 29th, 34th, 35th,

2-24     36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,

2-25     69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,

2-26     110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,

2-27     196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,

 3-1     268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial

 3-2     districts;

 3-3                 (2)  the criminal district attorneys for the counties

 3-4     of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,

 3-5     Calhoun, Cass, Comal, Deaf Smith, Denton, Eastland, Galveston,

 3-6     Gregg, Harrison, Hays, Hidalgo, Jasper,  Jefferson, Kaufman,

 3-7     Lubbock, McLennan, Navarro, Panola, Polk, Randall, Rockwall, San

 3-8     Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

 3-9     Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and

3-10                 (3)  the county attorneys performing the duties of

3-11     district attorneys in the counties of Andrews, Callahan, Cameron,

3-12     Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,

3-13     Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,

3-14     Red River, Robertson, Rusk, Terry, Webb, and Willacy.

3-15           SECTION 4.  The office of county attorney of Comal County is

3-16     abolished.

3-17           SECTION 5.  Section 43.109, Government Code, is repealed.

3-18           SECTION 6.  This Act takes effect September 1, 1997.

3-19           SECTION 7.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     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. 1965 was passed by the House on April

         18, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1965 was passed by the Senate on May

         15, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor