BILL ANALYSIS H.B. 1574 By: Hawley 4-25-95 Committee Report (Unamended) BACKGROUND Under current law, the 24th Judicial District includes DeWitt, Goliad and Refugio counties. The district attorney for the 24th Judicial District handles all cases pending in the district court. There are currently over 700 criminal cases pending in Refugio County. This bill would allow voters in Refugio County to elect a district attorney for that county and would prohibit Refugio County voters from the election of the district attorney for the 24 Judicial District. The Refugio County district would represent criminal cases. Resolutions in support of a Refugio County district attorney were passed by the Town of Refugio, the Town of Woodsboro, and the City of Austwell. PURPOSE This bill creates the office of Refugio County district attorney. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 adds Section 43.182 to the Government Code. Section 43.182. Refugio County District Attorney. Subsec. (a) creates the office of Refugio County district attorney. Subsec. (b) requires the Refugio County district attorney to represent the state in all criminal cases in the Refugio district courts. Subsec. (c) grants all powers, duties and privileges granted to all district attorneys to the district attorney in Refugio County. SECTION 2 amends Section 43.111 of the Government Code. Subsec. (a) deletes Refugio County from the District Attorney district for the 24th Judicial District and deletes Refugio County from the list of counties in the 24th Judicial District in which the district attorney must represent the State. Subsec. (b) deletes Refugio County from the list of counties in the 135th Judicial District in which the district attorney for 24th Judicial District must represent the state. Subsec. (c) deletes Refugio County from the list of counties which may supplement the salary of the 24th Judicial District Attorney. SECTION 3. Effective date. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 30, 1995, the Committee on Judicial Affairs met in a public hearing on April 4, 1995, to consider House Bill 1574. The Chair laid out H.B. 1574 and recognized the author, Rep. Hawley, to explain the bill. Refugio County Sheriff Jim Hodges testified for H.B. 1574. There being no other witnesses, the Chair recognized Rep. Hawley to close. Without objection, the Chair moved to leave H.B. 1574 pending before the committee. Pursuant to a public notice posted on April 20, 1995, the Committee on Judicial Affairs met in a public hearing on April 25, 1995. House Bill 1574 was pending before the committee. The Chair laid out H.B. 1574 and explained the bill. There were no witnesses. The Chair moved to report H.B. 1574 favorably back to the full House, without amendment, with the recommendation that it do pass, be printed and sent to the Committee on Local and Consent Calendars. The motion prevailed by the following record vote: 5 ayes, 0 nays, 0 PNV and 4 absent.