79R4542 RMB-D

By:  Williams                                                     S.B. No. 1490


A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of criminal district attorney of Chambers County, the abolition of the office of county attorney of Chambers County, and the duties of the district attorney for the 253rd Judicial District. 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, Chambers, 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 44.136 to read as follows: Sec. 44.136. CHAMBERS COUNTY. (a) The criminal district attorney of Chambers County shall attend each term and session of the district courts in Chambers 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) The Commissioners Court of Chambers County may supplement compensation paid by the state to the criminal district attorney. The supplemental compensation may not exceed $5,000 a year. SECTION 3. Section 43.170, Government Code, is amended to read as follows: Sec. 43.170. 253RD JUDICIAL DISTRICT. (a) The voters of Liberty County [the 253rd Judicial District] elect a district attorney for the 253rd Judicial District who represents the state in that district only in that county and in all cases before the 75th District Court[, 253rd, and 344th district courts]. (b) The Commissioners Court [commissioners court] of Liberty County [one or more of the counties comprising the district] may supplement the state salary of the district attorney. The supplemental compensation may not exceed $5,000 a year. [The Commissioners Court of Chambers County shall pay 40 percent of any supplemental compensation, and the Commissioners Court of Liberty County shall pay 60 percent.] The supplemental compensation must be paid from the officers' salary fund of the county. If the officers' salary fund of a county is not adequate, the commissioners court may transfer the necessary amount from the general fund of the county. SECTION 4. The office of county attorney of Chambers County is abolished on the effective date of this Act. SECTION 5. This Act takes effect September 1, 2005.