84R11022 SRS-F
By: Miller of Comal H.B. No. 3285
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a judicial district composed of Kendall
County, the composition of the 216th Judicial District, the
creation of a criminal district attorney of Kendall County, and the
abolishment of the County Court at Law of Kendall County and the
office of county attorney of Kendall County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.275, Government Code, is amended to
read as follows:
Sec. 24.275. 216TH JUDICIAL DISTRICT (GILLESPIE[,
KENDALL,] AND KERR COUNTIES). The 216th Judicial District is
composed of Gillespie[, Kendall,] and Kerr counties.
SECTION 2. Subchapter C, Chapter 24, Government Code, is
amended by adding Section 24.591 to read as follows:
Sec. 24.591. 451ST JUDICIAL DISTRICT (KENDALL COUNTY). (a)
The 451st Judicial District is composed of Kendall County.
(b) In addition to the other jurisdiction provided by law,
the 451st District Court has concurrent jurisdiction with the
County Court of Kendall County in all civil and criminal matters
over which the county court would have original or appellate
jurisdiction, including probate matters and proceedings under
Subtitle C, Title 7, Health and Safety Code.
(c) All civil and criminal matters within the concurrent
jurisdiction of the county and district courts must be filed with
the county clerk in the county court. The county clerk serves as
the clerk of the district court for those matters.
SECTION 3. 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, Kendall, 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 4. Subchapter B, Chapter 44, Government Code, is
amended by adding Section 44.230 to read as follows:
Sec. 44.230. KENDALL COUNTY. (a) The criminal district
attorney of Kendall County must meet the following qualifications:
(1) be at least 30 years old;
(2) have been a practicing attorney in this state for
at least five years; and
(3) have been a resident of Kendall County for at least
one year before election or appointment.
(b) The criminal district attorney has all the powers,
duties, and privileges in Kendall County that are conferred by law
on county and district attorneys in the various counties and
districts.
(c) The criminal district attorney shall attend each term
and session of the district and inferior courts of Kendall County,
except municipal courts, held for the transaction of criminal
business and shall exclusively represent the state in all criminal
matters before those courts.
(d) The criminal district attorney shall represent Kendall
County in any court in which the county has pending business. This
subsection does not require the criminal district attorney to
represent the county in a delinquent tax suit or condemnation
proceeding and does not prevent the county from retaining other
legal counsel in a civil matter at any time it considers appropriate
to do so.
(e) 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.
(f) 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. The Commissioners Court of Kendall County shall
pay the criminal district attorney an additional amount so that the
total compensation of the criminal district attorney equals at
least 90 percent of the total salary paid to the judge of the 451st
District Court in Kendall County. The compensation paid by the
county shall be paid in semiweekly or bimonthly installments, as
determined by the commissioners court.
(g) The criminal district attorney or the Commissioners
Court of Kendall County may accept gifts and grants from any
individual, partnership, corporation, trust, foundation,
association, or governmental entity for the purpose of financing or
assisting effective prosecution, crime prevention or suppression,
rehabilitation of offenders, substance abuse education, treatment
and prevention, or crime victim assistance programs in Kendall
County. The criminal district attorney shall account for and
report to the commissioners court all gifts or grants accepted
under this subsection.
(h) The criminal district attorney, for the purpose of
conducting affairs of the office, may appoint a staff composed of
assistant criminal district attorneys, investigators,
stenographers, clerks, and other personnel that the commissioners
court may authorize. The salary of a staff member is an amount
recommended by the criminal district attorney and approved by the
commissioners court. The commissioners court shall pay the
salaries of the staff in equal semiweekly or bimonthly installments
from county funds.
(i) The criminal district attorney shall, with the advice
and consent of the commissioners court, designate one or more
individuals to act as an assistant criminal district attorney with
exclusive responsibility for assisting the commissioners court. An
individual designated as an assistant criminal district attorney
under this subsection must have extensive experience in
representing public entities and knowledge of the laws affecting
counties, including the open meetings and open records laws under
Chapters 551 and 552.
(j) Kendall County is entitled to receive from the state an
amount equal to the amount provided in the General Appropriations
Act to district attorneys for the payment of staff salaries and
office expenses.
(k) The legislature may provide for additional staff
members to be paid from state funds if it considers supplementation
of the criminal district attorney's staff to be necessary.
(l) The criminal district attorney and assistant criminal
district attorney may not engage in the private practice of law or
receive a fee for the referral of a case.
(m) A vacancy in the office of criminal district attorney is
filled by appointment by the Commissioners Court of Kendall County.
The appointee holds office until the next general election.
SECTION 5. 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 the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg
Counties and for the 1st, 2nd, 8th, 9th, 18th, 21st, 23rd, 25th,
26th, 27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th,
42nd, 43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th,
66th, 69th, 70th, 76th, 79th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th,
123rd, 142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th,
216th, 220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th,
271st, 286th, 287th, 329th, 344th, 349th, 355th, 369th, 452nd, and
506th 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, Kendall, 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, Freestone, Gonzales,
Lamar, Lamb, Lampasas, Lavaca, Lee, Limestone, Marion, Milam,
Morris, Ochiltree, Oldham, Orange, Rains, Red River, Robertson,
Rusk, Swisher, Terry, Webb, and Willacy.
SECTION 6. The office of county attorney of Kendall County
is abolished.
SECTION 7. Sections 25.1321 and 25.1322, Government Code,
are repealed, and the County Court at Law of Kendall County is
abolished on the date the 451st District Court is created.
SECTION 8. On the date the 451st District Court is created,
all cases from Kendall County pending in the 216th District Court
are transferred to the 451st District Court. On the date the County
Court at Law of Kendall County is abolished, all cases pending in
the court are transferred to the 451st District Court. When a case
is transferred from one court to another as provided by this
section, all processes, writs, bonds, recognizances, or other
obligations issued from the transferring court are returnable to
the court to which the case is transferred as if originally issued
by that court. The obligees in all bonds and recognizances taken in
and for a court from which a case is transferred and all witnesses
summoned to appear in a court from which a case is transferred are
required to appear before the court to which a case is transferred
as if originally required to appear before the court to which the
transfer is made.
SECTION 9. Notwithstanding Section 41.010, Government
Code, the initial vacancy in the office of the criminal district
attorney of Kendall County shall be filled by election. The office
exists for purposes of the primary and general elections in 2016. A
vacancy after the initial vacancy is filled as provided by Section
12, Article IV, Texas Constitution.
SECTION 10. Notwithstanding Section 24.026, Government
Code, the initial vacancy in the office of judge of the 451st
Judicial District shall be filled by election. The office exists
for purposes of the primary and general elections in 2016. A
vacancy after the initial vacancy is filled as provided by Section
28, Article V, Texas Constitution.
SECTION 11. The 451st Judicial District is created on the
effective date of this Act.
SECTION 12. This Act takes effect January 1, 2017.