86R3637 SRS-D
By: Murr H.B. No. 1481
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the 38th Judicial District, the
creation of the 454th Judicial District composed of Medina County,
the creation of the office of criminal district attorney of Medina
County, and the abolishment of the office of county attorney for
Medina County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.140, Government Code, is amended to
read as follows:
Sec. 24.140. 38TH JUDICIAL DISTRICT ([MEDINA,] REAL[,] AND
UVALDE COUNTIES). [(a)] The 38th Judicial District is composed of
[Medina,] Real[,] and Uvalde counties.
[(b) The terms of the 38th District Court begin:
[(1) in Medina County on the first Mondays in January
and June;
[(2) in Real County on the first Mondays in April and
November; and
[(3) in Uvalde County on the first Mondays in February
and September.]
SECTION 2. Subchapter C, Chapter 24, Government Code, is
amended by adding Section 24.598 to read as follows:
Sec. 24.598. 454TH JUDICIAL DISTRICT (MEDINA COUNTY). The
454th Judicial District is composed of Medina County.
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, Medina,
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 44.263 to read as follows:
Sec. 44.263. MEDINA COUNTY. (a) The criminal district
attorney of Medina 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 Medina County for at least
one year before election or appointment.
(b) The criminal district attorney has all the powers,
duties, and privileges in Medina 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 Medina 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 Medina
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.
(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 Medina 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 454th
District Court in Medina 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 Medina 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 Medina
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) Medina 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.
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, 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,
132nd, 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,
Medina, 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, Aransas, Callahan,
Cameron, Castro, Colorado, Crosby, Ellis, Falls, Freestone,
Gonzales, Guadalupe, Lamar, Lamb, Lampasas, Lavaca, Lee,
Limestone, Marion, Milam, Morris, Ochiltree, Oldham, Orange,
Rains, Red River, Robertson, Rusk, Swisher, Terry, Webb, and
Willacy.
SECTION 6. (a) The local administrative district judge
shall transfer to the 454th District Court all cases from Medina
County that are pending in the 38th District Court on the effective
date of this Act.
(b) When a case is transferred as provided by Subsection (a)
of this section:
(1) all processes, writs, bonds, recognizances, or
other obligations issued from the 38th District Court are
returnable to the 454th District Court as if originally issued by
that court; and
(2) the obligees on all bonds and recognizances taken
in and for the 38th District Court and all witnesses summoned to
appear in the 38th District Court are required to appear before the
454th District Court as if originally required to appear before
that court.
(c) The 454th Judicial District is created on the effective
date of this Act.
(d) The office of county attorney of Medina County is
abolished on the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2019.