84R11022 SRS-F
	By: Campbell	S.B. No. 1278

	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.