| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the creation of the office of criminal district |
|
|
attorney of Fannin County and to the abolition of the office of |
|
|
county attorney of Fannin 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, Fannin, 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 44.174 to read as follows: |
|
|
Sec. 44.174. FANNIN COUNTY. (a) The criminal district |
|
|
attorney shall attend each term and session of the district courts |
|
|
in Fannin 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. |
|
|
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, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, |
|
|
34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, |
|
|
53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, |
|
|
88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, |
|
|
123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, |
|
|
220th, 229th, 235th, 253rd, 258th, 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, |
|
|
Fannin, 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, |
|
|
Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, |
|
|
Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, |
|
|
and Willacy. |
|
|
SECTION 4. Effective January 1, 2009, 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, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd, |
|
|
34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd, |
|
|
53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, |
|
|
88th, 90th, 97th, 100th, 105th, 106th, 110th, 112th, 118th, 119th, |
|
|
123rd, 142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, |
|
|
220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, |
|
|
278th, 286th, 329th, 344th, 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, |
|
|
Fannin, 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, |
|
|
Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, |
|
|
Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, |
|
|
and Willacy. |
|
|
SECTION 5. The office of county attorney of Fannin County is |
|
|
abolished. |
|
|
SECTION 6. This Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |