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.
2-17 * * * * *