1-1     By:  Kuempel (Senate Sponsor - Wentworth)             H.B. No. 1965

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 6, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 6, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the creation of the constitutional office of criminal

 1-9     district attorney of Comal County, to the abolition of the office

1-10     of the county attorney in Comal County, and to the abolition of the

1-11     office of the district attorney for the 22nd Judicial District.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 44.001, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 44.001.  ELECTION.  The voters of each of the following

1-16     counties elect a criminal district attorney:  Anderson, Austin,

1-17     Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,

1-18     Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg,

1-19     Harrison, Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman,

1-20     Lubbock,  McLennan, Navarro, Panola, Polk, Randall, Rockwall, San

1-21     Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

1-22     Victoria, Walker, Waller, Wichita, Wood, and Yoakum.

1-23           SECTION 2.  Subchapter B, Chapter 44, Government Code, is

1-24     amended by adding Section 44.146 to read as follows:

1-25           Sec. 44.146.  COMAL COUNTY.  (a)  The criminal district

1-26     attorney of Comal County must meet the following qualifications:

1-27                 (1)  be at least 30 years old;

1-28                 (2)  have been a practicing attorney in this state for

1-29     at least five years; and

1-30                 (3)  be a resident of Comal County.

1-31           (b)  The criminal district attorney has all the powers,

1-32     duties, and privileges in Comal County that are conferred by law on

1-33     county and district attorneys in the various counties and

1-34     districts.

1-35           (c)  The criminal district attorney shall collect the fees,

1-36     commissions, and perquisites that are provided by law for similar

1-37     services rendered by a district or county attorney.

1-38           (d)  The criminal district attorney shall, with the approval

1-39     of the commissioners court, appoint an assistant district attorney

1-40     and other personnel necessary to the proper performance of the

1-41     district attorney's duties. The commissioners court shall pay the

1-42     salaries of the staff and necessary operating expenses of the

1-43     office from county funds.

1-44           (e)  The criminal district attorney shall, with the advice

1-45     and consent of the commissioners court,  designate one or more

1-46     individuals to act as  assistant criminal district attorney with

1-47     exclusive responsibility for assisting the commissioners court.

1-48           SECTION 3.  Section 46.002, Government Code, is amended to

1-49     read as follows:

1-50           Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter

1-51     applies only to the following prosecutors:

1-52                 (1)  the district attorneys for the 2nd, 8th, 9th,

1-53     12th, 18th, 21st, [22nd,] 23rd, 24th, 26th, 27th, 29th, 34th, 35th,

1-54     36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,

1-55     69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,

1-56     110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,

1-57     196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,

1-58     268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial

1-59     districts;

1-60                 (2)  the criminal district attorneys for the counties

1-61     of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,

1-62     Calhoun, Cass, Comal, Deaf Smith, Denton, Eastland, Galveston,

1-63     Gregg, Harrison, Hays, Hidalgo, Jasper,  Jefferson, Kaufman,

1-64     Lubbock, McLennan, Navarro, Panola, Polk, Randall, Rockwall, San

 2-1     Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,

 2-2     Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and

 2-3                 (3)  the county attorneys performing the duties of

 2-4     district attorneys in the counties of Andrews, Callahan, Cameron,

 2-5     Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,

 2-6     Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,

 2-7     Red River, Robertson, Rusk, Terry, Webb, and Willacy.

 2-8           SECTION 4.  The office of county attorney of Comal County is

 2-9     abolished.

2-10           SECTION 5.  Section 43.109, Government Code, is repealed.

2-11           SECTION 6.  This Act takes effect September 1, 1997.

2-12           SECTION 7.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and this rule is hereby suspended.

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