1-1 By: Luna, Seaman, Capelo (Senate Sponsor - Truan) H.B. No. 3779
1-2 (In the Senate - Received from the House May 3, 1999;
1-3 May 3, 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 powers and duties of the district attorney for the
1-9 105th Judicial District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 43.148, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) The voters of
1-14 the 105th Judicial District elect a district attorney. The
1-15 district attorney has the same powers and duties as other district
1-16 attorneys and serves all the district, county, and justice courts
1-17 of Nueces County and the district courts of[,] Kleberg[,] and
1-18 Kenedy counties.
1-19 (b) The district attorney shall attend each term and session
1-20 of the district, county, and justice courts of Nueces County and
1-21 the district courts of Kleberg and Kenedy counties and shall
1-22 represent the state in criminal cases pending in those courts. The
1-23 district attorney has control of any case heard on petition of writ
1-24 of habeas corpus before any district or inferior court in the
1-25 district.
1-26 (c) The commissioners courts of the counties comprising the
1-27 district may supplement the state salary of the district attorney.
1-28 The amount of the supplement may not exceed $12,000 a year. The
1-29 supplemental salary must be paid proportionately by the
1-30 commissioners court of each county according to the population of
1-31 the county. The supplemental salary may be paid from the officers'
1-32 salary fund of a county. If that fund is inadequate, the
1-33 commissioners court may transfer the necessary funds from the
1-34 general fund of the county.
1-35 SECTION 2. This Act takes effect September 1, 1999.
1-36 SECTION 3. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *