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78R7681 SLO-D
By: Phillips H.B. No. 2937
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of criminal district
attorney of Grayson County and to the abolition of the office of
county attorney of Grayson County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.001, Government Code, is amended to
read as follows:
Sec. 44.001. ELECTION. The voters of each of the following
counties elect a criminal district attorney: Anderson, Austin,
Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin,
Comal, Dallas, Deaf Smith, Denton, Eastland, Galveston, Grayson,
Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper, Jefferson,
Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola,
Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor,
Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood,
and Yoakum.
SECTION 2. Subchapter B, Chapter 44, Government Code, is
amended by adding Section 44.191 to read as follows:
Sec. 44.191. GRAYSON COUNTY. (a) The criminal district
attorney shall attend each term and session of the district courts
in Grayson County and each term and session of the inferior courts
of the county held for the transaction of criminal business and
shall exclusively represent the state in all criminal matters
before those courts.
(b) The criminal district attorney shall perform the duties
conferred by law on county and district attorneys in the various
counties and districts.
(c) The criminal district attorney shall collect the fees,
commissions, and perquisites that are provided by law for similar
services rendered by a district or county attorney.
(d) The criminal district attorney is entitled to receive in
equal monthly installments compensation from the state equal to the
amount paid by the state to district attorneys. The state
compensation shall be paid by the comptroller as appropriated by
the legislature.
(e) A vacancy in the office of criminal district attorney is
filled by appointment by the Commissioners Court of Grayson County.
The appointee holds office until the next general election.
SECTION 3. Section 46.002, Government Code, is amended to
read as follows:
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to all county prosecutors and to the following state
prosecutors:
(1) the district attorneys for the 1st, 2nd, 8th, 9th,
12th, 18th, 21st, 23rd, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th,
35th, 36th, 38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 110th, 118th, 119th, 123rd, 142nd,
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
235th, 253rd, 259th, 266th, 268th, 271st, 278th, 286th, 329th,
349th, and 355th judicial districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper,
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton,
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant,
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller,
Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone,
[Grayson,] Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam,
Morris, Ochiltree, Orange, Rains, Red River, Robertson, Rusk,
Terry, Webb, and Willacy.
SECTION 4. Section 45.191, Government Code, is repealed.
SECTION 5. The office of county attorney of Grayson County
is abolished.
SECTION 6. Notwithstanding Section 41.010, Government
Code, the initial vacancy in the office of criminal district
attorney of Grayson County on creation of the office shall be filled
by election. The office of criminal district attorney of Grayson
County exists for the purposes of the primary and general elections
in 2004. The qualified voters of the county shall elect the initial
criminal district attorney of Grayson County at the general
election in 2004 for a four-year term beginning January 1, 2005.
Thereafter, the criminal district attorney of Grayson County shall
be elected for a four-year term as provided by Section 65, Article
XVI, Texas Constitution. A vacancy after the initial vacancy is
filled as provided by Section 44.191(e), Government Code, as added
by this Act.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2004.
(b) Sections 4 and 5 of this Act take effect January 1, 2005.