H.B. No. 421
 
 
 
 
AN ACT
  relating to the creation of the office of criminal district
  attorney of Fannin County and to the abolition of the office of
  county attorney of Fannin County.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, 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 2.  Subchapter B, Chapter 44, Government Code, is
  amended by adding Section 44.174 to read as follows:
         Sec. 44.174.  FANNIN COUNTY.  (a)  The criminal district
  attorney shall attend each term and session of the district courts
  in Fannin County and each term and session of the inferior courts of
  the county held for the transaction of criminal business and shall
  exclusively represent the state in all criminal matters before
  those courts.
         (b)  The criminal district attorney shall perform the duties
  conferred by law on county and district attorneys in the various
  counties and districts.
         (c)  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.
         (d)  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.
         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 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,
  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, [Fannin,] Freestone,
  Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris,
  Ochiltree, Orange, Rains, Red River, Robertson, Rusk, Terry, Webb,
  and Willacy.
         SECTION 4.  The office of county attorney of Fannin County is
  abolished on January 1, 2009.
         SECTION 5.  Notwithstanding Section 41.010, Government
  Code, the initial vacancy in the office of criminal district
  attorney of Fannin County on creation of the office shall be filled
  by election. The office of criminal district attorney of Fannin
  County exists only for the purposes of the primary and general
  elections in 2008. The qualified voters of the county shall elect
  the initial criminal district attorney of Fannin County at the
  general election in 2008 for a four-year term beginning January 1,
  2009. Thereafter, the criminal district attorney of Fannin County
  shall be elected for a four-year term as provided by Section 30,
  Article V, Texas Constitution. A vacancy after the initial vacancy
  is filled as provided by Section 12, Article IV, Texas
  Constitution.
         SECTION 6.  This Act takes effect January 1, 2008.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 421 was passed by the House on April
  5, 2007, by the following vote:  Yeas 137, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 421 on May 15, 2007, by the following vote:  Yeas 137, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 421 was passed by the Senate, with
  amendments, on May 11, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor