By: Duncan  S.B. No. 497
         (In the Senate - Filed February 7, 2007; February 21, 2007,
  read first time and referred to Committee on Jurisprudence;
  March 12, 2007, reported favorably by the following vote:  Yeas 5,
  Nays 0; March 12, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the application of the professional prosecutors law to
  the state prosecuting attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.001, Government Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "State prosecuting attorney" means the state
  prosecuting attorney appointed under Chapter 42.
         SECTION 2.  Section 46.002, Government Code, is amended to
  read as follows:
         Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter
  applies to the state prosecuting attorney, 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,
  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 3.  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 the state prosecuting attorney, 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,
  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.  Subsection (a), Section 46.003, Government Code,
  is amended to read as follows:
         (a)  The state prosecuting attorney and each [Each] state
  prosecutor is entitled to receive from the state compensation equal
  to the compensation that is provided for a district judge in the
  General Appropriations Act.
         SECTION 5.  Section 46.004, Government Code, is amended to
  read as follows:
         Sec. 46.004.  EXPENSES.  (a)  The state prosecuting attorney
  and each [Each] state prosecutor is entitled to receive not less
  than $22,500 a year from the state to be used by the attorney or
  prosecutor to help defray the salaries and expenses of the office.
  That money may not be used to supplement the attorney's or
  prosecutor's salary.
         (b)  The state prosecuting attorney and each [Each] state
  prosecutor shall submit annually to the comptroller of public
  accounts a sworn account showing how this money was spent during the
  year.
         SECTION 6.  Subsections (a) and (b), Section 46.005,
  Government Code, are amended to read as follows:
         (a)  The state prosecuting attorney or a [A] state prosecutor
  may not engage in the private practice of law but may complete all
  civil cases that are not in conflict with the interest of any of the
  counties of the district in which the attorney or prosecutor serves
  and that are pending in court before the attorney or prosecutor
  takes office.
         (b)  The state prosecuting attorney or a [A] state prosecutor
  may not accept a fee from an attorney to whom the state prosecuting
  attorney or state prosecutor has referred a case.
         SECTION 7.  This Act takes effect September 1, 2007.
 
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