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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the office of criminal district |
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attorney of Fannin County and to the abolition of the office of |
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county attorney of Fannin County. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 44.001, Government Code, is amended to |
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read as follows: |
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Sec. 44.001. ELECTION. The voters of each of the following |
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counties elect a criminal district attorney: Anderson, Austin, |
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Bastrop, Bexar, Bowie, Brazoria, Caldwell, Calhoun, Cass, Collin, |
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Comal, Dallas, Deaf Smith, Denton, Eastland, Fannin, Galveston, |
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Grayson, Gregg, Harrison, Hays, Hidalgo, Jackson, Jasper, |
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Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, |
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Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant, |
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Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller, |
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Wichita, Wood, and Yoakum. |
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SECTION 2. Subchapter B, Chapter 44, Government Code, is |
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amended by adding Section 44.174 to read as follows: |
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Sec. 44.174. FANNIN COUNTY. (a) The criminal district |
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attorney shall attend each term and session of the district courts |
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in Fannin County and each term and session of the inferior courts of |
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the county held for the transaction of criminal business and shall |
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exclusively represent the state in all criminal matters before |
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those courts. |
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(b) The criminal district attorney shall perform the duties |
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conferred by law on county and district attorneys in the various |
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counties and districts. |
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(c) The criminal district attorney shall collect the fees, |
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commissions, and perquisites that are provided by law for similar |
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services rendered by a district or county attorney. |
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(d) The criminal district attorney is entitled to receive in |
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equal monthly installments compensation from the state equal to the |
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amount paid by the state to district attorneys. The state |
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compensation shall be paid by the comptroller as appropriated by |
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the legislature. |
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SECTION 3. Section 46.002, Government Code, is amended to |
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read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to all county prosecutors and to the following state |
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prosecutors: |
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(1) the district attorneys for the 1st, 2nd, 8th, 9th, |
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12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, |
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34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, |
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53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, |
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88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, |
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123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, |
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220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, |
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278th, 286th, 329th, 349th, and 355th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, [Fannin,] Freestone, |
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Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, |
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Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, |
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and Willacy. |
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SECTION 4. Effective January 1, 2009, Section 46.002, |
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Government Code, is amended to read as follows: |
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Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter |
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applies to all county prosecutors and to the following state |
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prosecutors: |
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(1) the district attorneys for the 1st, 2nd, 8th, 9th, |
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12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, |
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34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, |
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53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, |
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88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, |
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123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, |
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220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, |
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278th, 286th, 329th, 344th, 349th, and 355th judicial districts; |
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(2) the criminal district attorneys for the counties |
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of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell, |
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Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland, |
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Fannin, Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, |
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Jasper, Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, |
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Newton, Panola, Polk, Randall, Rockwall, San Jacinto, Smith, |
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Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, |
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Waller, Wichita, Wood, and Yoakum; and |
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(3) the county attorneys performing the duties of |
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district attorneys in the counties of Andrews, Callahan, Cameron, |
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Castro, Colorado, Crosby, Ellis, Falls, [Fannin,] Freestone, |
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Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, |
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Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, |
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and Willacy. |
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SECTION 5. The office of county attorney of Fannin County is |
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abolished. |
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SECTION 6. This Act takes effect September 1, 2007. |