By Cook                                               H.B. No. 3558

         75R6079 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the duties of the district attorney and the county

 1-3     attorney in Wharton County.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 43.1775, Government Code, is amended by

 1-6     amending Subsection (b) and adding Subsection (c) to read as

 1-7     follows:

 1-8           (b)  The district attorney represents the state and performs

 1-9     the duties of prosecutor in all criminal matters before the

1-10     district and county courts in Wharton County.

1-11           (c)  The district attorney represents the state in

1-12     proceedings under Title 3, Family Code.

1-13           SECTION 2.  Subchapter B, Chapter 45, Government Code, is

1-14     amended by adding Section 45.341 to read as follows:

1-15           Sec. 45.341.  WHARTON COUNTY.  (a)  The primary duty of the

1-16     county attorney in Wharton County is to represent the state,

1-17     Wharton County, and county officials in civil matters.

1-18           (b)  The county attorney has the powers and duties relating

1-19     to cases involving protective orders under Chapter 71, Family Code,

1-20     and cases under Title 5, Family Code, including cases brought for

1-21     the protection of children.

1-22           (c)  At the request of the district attorney, the county

1-23     attorney may assist the district attorney in the prosecution of

1-24     criminal cases in Wharton County.

 2-1           SECTION 3.  This Act takes effect September 1, 1997.

 2-2           SECTION 4.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.