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.