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By:  Phillips (Senate Sponsor - Estes)                            H.B. No. 2937
	(In the Senate - Received from the House May 7, 2003; 
May 9, 2003, read first time and referred to Committee on 
Jurisprudence; May 22, 2003, reported favorably by the following 
vote:  Yeas 5, Nays 0; May 22, 2003, sent to printer.)


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.                 



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