By Hope                                               H.B. No. 2196
         76R6009 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the duties of the district attorney for the 9th
 1-3     Judicial District.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 43.105, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 43.105.  9TH JUDICIAL DISTRICT.  (a)  The voters of
 1-8     Montgomery County elect a district attorney for the 9th Judicial
 1-9     District who represents the state in that district court only in
1-10     that county.  The district attorney also acts as district attorney
1-11     for the 410th Judicial District in Montgomery County.
1-12           (b)  The district attorney shall represent the state in
1-13     misdemeanor criminal cases pending in the district and inferior
1-14     courts of the county.
1-15           (c)  The district attorney, with the approval of the
1-16     Commissioners Court of Montgomery County, may appoint the assistant
1-17     district attorneys, investigators, secretaries, and other employees
1-18     necessary to carry out the duties of the office of district
1-19     attorney.
1-20           (d) [(c)]  An investigator appointed by the district attorney
1-21     is not required to be a licensed attorney.
1-22           (e) [(d)]  The salary of each employee of the district
1-23     attorney is fixed by the Commissioners Court of Montgomery County.
1-24     The district attorney, assistant district attorneys, and
 2-1     investigators employed by the district attorney may be allowed the
 2-2     actual and necessary travel expenses incident to carrying out the
 2-3     duties of the district attorney, subject to the approval of the
 2-4     district attorney.  This subsection does not apply to the portion
 2-5     of compensation or travel expenses paid by the state to the
 2-6     district attorney or his employees.
 2-7           (f) [(e)]  The salary and expenses of the employees of the
 2-8     district attorney must be paid by the county at the regular pay
 2-9     period of the county from the officers' salary fund of the county,
2-10     the general fund of the county, or both, at the discretion of the
2-11     commissioners court.
2-12           (g) [(f)]  The compensation paid by the county to an employee
2-13     of the district attorney or set for a position on the staff of the
2-14     district attorney may not be less than the compensation paid by the
2-15     county to the person or set for the position on June 14, 1973.
2-16           (h) [(g)]  The commissioners court may accept gifts and
2-17     grants from an individual, partnership, corporation, trust,
2-18     foundation, association, or political subdivision to finance
2-19     adequate and effective prosecution, crime prevention, or
2-20     rehabilitation programs in the county or district approved and
2-21     administered by the district attorney.
2-22           SECTION 2.  This Act takes effect January 1, 2001.
2-23           SECTION 3.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.