1-1 AN ACT
1-2 relating to the prosecuting attorneys and assistants in certain
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
vote.
_______________________________
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
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor