By: Dunnam H.B. No. 3384

A BILL TO BE ENTITLED

AN ACT

relating to creating the office of district attorney for the 201st Judicial District

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 43, Government Code, is amended by adding Section 43.1651 to read as follows:

Sec. 43.1651. 201st JUDICIAL DISTRICT. (a) A district attorney for the 201st Judicial District is chosen as provided in Subsection (b).

(b)(1) Each person named on the list maintained under Section 74.055 who served as a judge of the Court of Criminal Appeals and did not fail to be renominated for election to that court is a member of the board of appointment for the 201st Judicial District.

(2) Whenever there is a vacancy in the office of district attorney for the 201st Judicial District, the judge of the 201st District Court, not later than the 10th day after the date the vacancy is created, shall summon each member of the board to the courthouse at which the court holds its sessions for the purpose of appointing the district attorney for the 201st Judicial District. The judge of the 201st District Court presides at meetings of the board until the board elects a presiding officer.

(3) The board shall appoint the district attorney for the 201st Judicial District. To be appointed district attorney, a person must be board-certified in criminal law by the Texas Board of Legal Specialization and may not have served as a public or private attorney for any public officer nominated for election by a political party during the preceding 10 years.

(4) The board's appointment shall be entered in the minutes of the 201st District Court. The person appointed district attorney qualifies by taking the oath required of state officials. The district attorney serves without bond. The oath and the bond shall be filed in the district clerk's office.

(5) The governor may not appoint a person to fill any vacancy in the office of district attorney of the 201st Judicial District pending the convening of the board of appointment.

(c) The district attorney for the 201st Judicial District is entitled to compensation equal to the compensation paid to a district judge in Travis County. The district attorney for the 201st Judicial District serves a term of four years.

(d) The district attorney for the 201st Judicial District may appoint assistant district attorneys. A person may not be appointed as an assistant district attorney appointed under this section if the person served as the employee of a public officer nominated for election by a political party during the preceding 10 years. Before beginning any duties, an assistant district attorney must take the official oath of office, which must be endorsed on his written appointment. An assistant district attorney serves without bond. The appointment and oath of an assistant district attorney shall be recorded and deposited in the district clerk's office.

(e) An investigator appointed by the district attorney for the 201st Judicial District has the same authority as the sheriff of a county to make arrests anywhere in any county of the state and to serve anywhere in the state warrants, capiases, subpoenas in criminal cases, and all other processes in criminal cases issued by a district court, county court, or justice court of this state. An investigator is under the exclusive authority and direction of the district attorney for the 201st Judicial District and is not under the authority and direction of the sheriff. The district attorney for the 201st Judicial District is responsible for the official acts of investigators appointed under this subsection and has the same remedies against the investigators and their sureties as any person has against a prosecuting attorney and the prosecuting attorney's sureties. An investigator may not draw a fee of any character for performing a duty prescribe by this subsection.

(f) The commission shall pay the salaries of the district attorney for the 201st Judicial District and any assistant district attorneys and investigators from money appropriated or otherwise available to the commission, except to the extent that money to pay the salary is specifically appropriated or made available through the budget execution process for that purpose.

(g) A limit provided by appropriation on the amount of reimbursement that state officers or members of state boards and commissions may generally receive does not apply to reimbursement of the reasonable and necessary expenses incurred by district attorney for the 201st Judicial District in the course of performing duties under this section.

(h) The reasonable and necessary expenses incurred by the district attorney for the 201st Judicial District in the course of performing duties under this section shall be paid from funds appropriated or otherwise available to the commission, except to the extent that money to pay those expenses is specifically appropriated or made available through the budget execution process for that purpose.

(i) The department shall provide the district attorney for the 201st Judicial District with administrative services and investigative support. The administrative services and investigative support shall be paid from funds appropriated or otherwise available to the department or commission, except to the extent that money to pay those expenses is specifically appropriated or made available through the budget execution process for that purpose.

(j) Notwithstanding any other provision of law, the district attorney for the 201st Judicial District:

(1) may conduct any investigation concerning illegal or improper conduct by commission officers or employees jeopardizing the health, safety, and welfare of children in the commission's custody and related conduct; and

(2) may appear in any court in the state as necessary to ensure the health, safety, and welfare of children in the commission's custody or the protection of any whistleblower providing information about the commission's inability to ensure the health, safety and welfare of children in the commission's custody.

(k) As used in this section:

(1) "Commission" means the Texas Youth Commission.

(2) "Department" means the Department of Public Safety.

(l) The section expires September 1, 2011, and the office of district attorney is abolished on that date.

SECTION 2. The judge of the 201st District Court shall convene the board of appointment as established by Section 43.1651, Government Code, as added by this Act, not later than the 10th day after the effective of this Act. The governor may not appoint a person to fill any vacancy in the office of district attorney of the 201st Judicial District pending the convening of the board of appointment.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.