1-1 By: Hope (Senate Sponsor - Bernsen) H.B. No. 2196
1-2 (In the Senate - Received from the House April 26, 1999;
1-3 April 27, 1999, read first time and referred to Committee on
1-4 Jurisprudence; May 11, 1999, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the duties of the district attorney for the 9th
1-9 Judicial District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 43.105, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 43.105. 9TH JUDICIAL DISTRICT. (a) The voters of
1-14 Montgomery County elect a district attorney for the 9th Judicial
1-15 District who represents the state in that district court only in
1-16 that county. The district attorney also acts as district attorney
1-17 for the 410th Judicial District in Montgomery County.
1-18 (b) The district attorney shall represent the state in
1-19 misdemeanor criminal cases pending in the district and inferior
1-20 courts of the county.
1-21 (c) The district attorney, with the approval of the
1-22 Commissioners Court of Montgomery County, may appoint the assistant
1-23 district attorneys, investigators, secretaries, and other employees
1-24 necessary to carry out the duties of the office of district
1-25 attorney.
1-26 (d) [(c)] An investigator appointed by the district attorney
1-27 is not required to be a licensed attorney.
1-28 (e) [(d)] The salary of each employee of the district
1-29 attorney is fixed by the Commissioners Court of Montgomery County.
1-30 The district attorney, assistant district attorneys, and
1-31 investigators employed by the district attorney may be allowed the
1-32 actual and necessary travel expenses incident to carrying out the
1-33 duties of the district attorney, subject to the approval of the
1-34 district attorney. This subsection does not apply to the portion
1-35 of compensation or travel expenses paid by the state to the
1-36 district attorney or his employees.
1-37 (f) [(e)] The salary and expenses of the employees of the
1-38 district attorney must be paid by the county at the regular pay
1-39 period of the county from the officers' salary fund of the county,
1-40 the general fund of the county, or both, at the discretion of the
1-41 commissioners court.
1-42 (g) [(f)] The compensation paid by the county to an employee
1-43 of the district attorney or set for a position on the staff of the
1-44 district attorney may not be less than the compensation paid by the
1-45 county to the person or set for the position on June 14, 1973.
1-46 (h) [(g)] The commissioners court may accept gifts and
1-47 grants from an individual, partnership, corporation, trust,
1-48 foundation, association, or political subdivision to finance
1-49 adequate and effective prosecution, crime prevention, or
1-50 rehabilitation programs in the county or district approved and
1-51 administered by the district attorney.
1-52 SECTION 2. This Act takes effect January 1, 2001.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended.
1-58 * * * * *