By Ogden S.B. No. 1013
75R8276 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offices of criminal district
1-3 attorney of Leon County and Madison County, to the abolition of the
1-4 offices of county attorney of Leon County and Madison County, and
1-5 to the abolition of the office of district attorney for the 12th
1-6 Judicial District.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 44.001, Government Code, is amended to
1-9 read as follows:
1-10 Sec. 44.001. ELECTION. The voters of each of the following
1-11 counties elect a criminal district attorney: Anderson, Austin,
1-12 Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
1-13 Dallas, Deaf Smith, Denton, Eastland, Galveston, Gregg, Harrison,
1-14 Hays, Hidalgo, Jackson, Jasper, Jefferson, Kaufman, Leon, Lubbock,
1-15 McLennan, Madison, Navarro, Panola, Polk, Randall, Rockwall, San
1-16 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
1-17 Victoria, Walker, Waller, Wichita, Wood, and Yoakum.
1-18 SECTION 2. Subchapter B, Chapter 44, Government Code, is
1-19 amended by adding Sections 44.245 and 44.257 to read as follows:
1-20 Sec. 44.245. LEON COUNTY. (a) The criminal district
1-21 attorney of Leon County has all the powers, duties, and privileges
1-22 in Leon County that are conferred by law on district and county
1-23 attorneys.
1-24 (b) The criminal district attorney shall collect the fees,
2-1 commissions, and perquisites provided by law for similar services
2-2 rendered by a district or county attorney.
2-3 Sec. 44.257. MADISON COUNTY. (a) The criminal district
2-4 attorney of Madison County has all the powers, duties, and
2-5 privileges in Madison County that are conferred by law on district
2-6 and county attorneys.
2-7 (b) The criminal district attorney shall collect the fees,
2-8 commissions, and perquisites provided by law for similar services
2-9 rendered by a district or county attorney.
2-10 SECTION 3. Section 46.002, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
2-13 applies only to the following prosecutors:
2-14 (1) the district attorneys for the 2nd, 8th, 9th,
2-15 [12th,] 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
2-16 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
2-17 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
2-18 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
2-19 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
2-20 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
2-21 districts;
2-22 (2) the criminal district attorneys for the counties
2-23 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-24 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-25 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Leon, Lubbock,
2-26 McLennan, Madison, Navarro, Panola, Polk, Randall, Rockwall, San
2-27 Jacinto, Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt,
3-1 Victoria, Walker, Waller, Wichita, Wood, and Yoakum; and
3-2 (3) the county attorneys performing the duties of
3-3 district attorneys in the counties of Andrews, Callahan, Cameron,
3-4 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
3-5 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
3-6 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
3-7 SECTION 4. The office of county attorney of Leon County is
3-8 abolished. The office of county attorney of Madison County is
3-9 abolished.
3-10 SECTION 5. Section 43.106, Government Code, is repealed.
3-11 SECTION 6. (a) Notwithstanding Section 41.010, Government
3-12 Code, the initial vacancy in the office of criminal district
3-13 attorney of Leon County on creation of the office shall be filled
3-14 by election. The office of criminal district attorney of Leon
3-15 County exists for the purposes of the primary and general elections
3-16 in 1998. The qualified voters of the county shall elect the
3-17 initial criminal district attorney of Leon County at the general
3-18 election in 1998 for a four-year term beginning January 1, 1999.
3-19 Thereafter, the criminal district attorney of Leon County shall be
3-20 elected for a four-year term as provided by Section 65, Article
3-21 XVI, Texas Constitution. A vacancy after the initial vacancy is
3-22 filled as provided by Section 12, Article IV, Texas Constitution.
3-23 (b) Notwithstanding Section 41.010, Government Code, the
3-24 initial vacancy in the office of criminal district attorney of
3-25 Madison County on creation of the office shall be filled by
3-26 election. The office of criminal district attorney of Madison
3-27 County exists for the purposes of the primary and general elections
4-1 in 1998. The qualified voters of the county shall elect the
4-2 initial criminal district attorney of Madison County at the general
4-3 election in 1998 for a four-year term beginning January 1, 1999.
4-4 Thereafter, the criminal district attorney of Madison County shall
4-5 be elected for a four-year term as provided by Section 65, Article
4-6 XVI, Texas Constitution. A vacancy after the initial vacancy is
4-7 filled as provided by Section 12, Article IV, Texas Constitution.
4-8 (c) This section takes effect September 1, 1997.
4-9 SECTION 7. Except as otherwise provided by this Act, this
4-10 Act takes effect January 1, 1999.
4-11 SECTION 8. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.