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.