82R1030 YDB-D
	By: Kuempel	H.B. No. 789

	A BILL TO BE ENTITLED
	AN ACT
	relating to the duties of and the application of the professional
	prosecutors law to the county attorneys in Gonzales and Lavaca
	Counties and to the duties of the district attorney for the 25th
	Judicial District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 43.112, Government Code, is amended to
	read as follows:
	Sec. 43.112.  25TH JUDICIAL DISTRICT. The voters of
	[Gonzales,] Guadalupe County [, and Lavaca counties] elect a
	district attorney for the 25th Judicial District who represents the
	state in that district court only in that county [those counties].
	In addition to exercising the duties and authority conferred on
	district attorneys by general law, the district attorney represents
	the state in all criminal cases in the district courts in that
	county [those counties].
	SECTION 2.  Subchapter B, Chapter 45, Government Code, is
	amended by adding Section 45.189 to read as follows:
	Sec. 45.189.  GONZALES COUNTY. (a)  In Gonzales County, the
	county attorney of Gonzales County shall perform the duties imposed
	on and have the powers conferred on district attorneys by general
	law.
	(b)  The county attorney of Gonzales County or the
	Commissioners Court of Gonzales County may accept gifts or grants
	from any individual, partnership, corporation, trust, foundation,
	association, or governmental entity for the purpose of financing or
	assisting the operation of the office of county attorney in
	Gonzales County. The county attorney shall account for and report
	to the commissioners court all gifts or grants accepted under this
	subsection.
	SECTION 3.  Subchapter B, Chapter 45, Government Code, is
	amended by adding Section 45.243 to read as follows:
	Sec. 45.243.  LAVACA COUNTY. (a)  In Lavaca County, the
	county attorney of Lavaca County shall perform the duties imposed
	on and have the powers conferred on district attorneys by general
	law.
	(b)  The county attorney of Lavaca County or the
	Commissioners Court of Lavaca County may accept gifts or grants
	from any individual, partnership, corporation, trust, foundation,
	association, or governmental entity for the purpose of financing or
	assisting the operation of the office of county attorney in Lavaca
	County. The county attorney shall account for and report to the
	commissioners court all gifts or grants accepted under this
	subsection.
	SECTION 4.  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, 12th, 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, 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, 329th, 344th, 349th, 355th, 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, 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, Orange, Rains, Red River, Robertson, Rusk,
	Swisher, Terry, Webb, and Willacy.
	SECTION 5.  This Act takes effect September 1, 2011.