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