1-1                                   AN ACT
 1-2     relating to the prosecuting attorneys and assistants in certain
 1-3     counties.
 1-5           SECTION 1.  Section 43.147, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 43.147.  100TH JUDICIAL DISTRICT.  The voters of
 1-8     Childress, Collingsworth, Donley, and Hall counties [the 100th
 1-9     Judicial District] elect a district attorney for the 100th Judicial
1-10     District.  Except as provided by Section 45.133(c), the district
1-11     attorney for the 100th Judicial District represents the state in
1-12     the district court only in Childress, Collingsworth, Donley, and
1-13     Hall counties.
1-14           SECTION 2.  Subchapter B, Chapter 45, Government Code, is
1-15     amended by adding Section 45.133 to read as follows:
1-16           Sec. 45.133.  CARSON COUNTY.  (a)  The county attorney of
1-17     Carson County shall represent the state in all matters pending
1-18     before the 100th District Court in Carson County.  The county
1-19     attorney is entitled to be compensated in the manner and amount
1-20     fixed by general law relating to the salary paid to district
1-21     attorneys by the state except that Carson County and the state
1-22     shall jointly bear the expense of the county attorney's salary.
1-23     Carson County shall pay $28,500 of the total salary of the county
1-24     attorney, and the state shall pay the balance.
 2-1           (b)  The county attorney of Carson County is entitled to
 2-2     receive funds from the state for the payment of staff salaries and
 2-3     office expenses as provided in the General Appropriations Act for a
 2-4     district attorney who serves a single-county district.
 2-5           (c)  If there is no county attorney in Carson County, the
 2-6     district attorney of the 100th Judicial District, on appointment by
 2-7     the judge of the 100th District Court, shall represent the state in
 2-8     all matters pending before the 100th District Court in Carson
 2-9     County.
2-10           (d)  The county attorney of Carson County may not engage in
2-11     the private practice of law but may complete all civil cases that
2-12     are not in conflict with the interest of Carson County and that are
2-13     pending in court before the county attorney takes office.  The
2-14     county attorney may not accept a fee from an attorney to whom the
2-15     county attorney has referred a case.  This subsection applies to
2-16     the county attorney of Carson County and any assistant of the
2-17     county attorney if, from all state and county funds received, the
2-18     county attorney or assistant receives a salary that is equal to or
2-19     more than 80 percent of the benchmark salary.  This subsection does
2-20     not apply to the county attorney of Carson County if the county
2-21     attorney files with the county auditor an annual written waiver of
2-22     the amount of compensation that is equal to or exceeds 80 percent
2-23     of the benchmark salary.  An amount waived under this subsection
2-24     shall be used for expenses of the county attorney's office.  This
2-25     subsection does not apply to the county attorney of Carson County
2-26     if, before September 1, 1999, the county attorney was paid in
2-27     excess of the benchmark salary by the county in which the
 3-1     prosecutor serves.
 3-2           (e)  In this section, "benchmark salary" means the salary
 3-3     that is provided for a district judge in the General Appropriations
 3-4     Act.
 3-5           SECTION 3.  This Act takes effect September 1, 1999.
 3-6           SECTION 4.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3120 was passed by the House on May
         8, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3120 on May 27, 1999, by a non-record
                                                 Chief Clerk of the House
               I certify that H.B. No. 3120 was passed by the Senate, with
         amendments, on May 25, 1999, by the following vote:  Yeas 30, Nays
                                                 Secretary of the Senate
         APPROVED:  _____________________