BILL ANALYSIS



H.B. 2574
By: Uher/Saunders
C.S.H.B. 2574
By: Hartnett
4-11-95
Committee Report (Substituted)


BACKGROUND

     Currently, Wharton and Matagorda Counties are served by the
23rd District Attorney.   The population and crime rates in both
counties justify a full time district attorney for each county.


PURPOSE

     HB 2574 moves the 23rd District Attorney's office to Matagorda
County and creates a new 329th District Attorney's office for
Wharton County. Each would be professional prosecutors.  


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.  Amends Section 43.110, Government Code.
           Subsecs. (a) and (b) are amended to remove Wharton
     County from the 23rd Judicial District Attorney district.
           New Subsec. (d) defines additional jurisdiction of the
     office of the 23rd District Attorney.

     SECTION 2 adds a new Section 43.1775 to the Government Code to 
create the 329th Judicial District Attorney elected by the voters
of Wharton County and representing the state and perform the duties
of prosecutor before the district courts in Wharton County.

     SECTION 3 adds Section 45.261 to the Government Code to revise
the duties of the Matagorda County Attorney.

     SECTION 4.  Amends Section 46.002, Government Code to add the
329th Judicial District Attorney to the Professional Prosecutors
Act.

     SECTION 5.  Effective date.

     SECTION 6 . Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

     Section 1 of the substitute was changed to add felony and
misdemeanor criminal matters to the list of additional duties in
new Gov't Code § 43.110(d); the original bill listed only juvenile
matters.
     Sections 2 through 6 are the same in both versions.


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 H.B. 2574.  The Chair laid out H.B. 2574 and
moved to leave the bill pending.  There being no objection, H.B.
2574 was left pending.
     Pursuant to a public notice posted on April 6, 1995, the
Committee on Judicial Affairs met in a public hearing on April 11,
1995.  H.B. 2574 was pending before the committee.  Without
objection, the Chair, Rep. Hartnett, laid out H.B. 2574 and
explained the bill.  The Chair then offered up and laid out a
complete committee substitute and explained the substitute.  There
were no witnesses.  Rep. Goodman moved that the substitute be
adopted.  There were no objections.  Rep. Goodman moved that H.B.
2574, as substituted, be reported favorably back to the full House
with the recommendation that it do pass, be printed and sent to the
Local & Consent Calendars Committee.  The motion prevailed by the
following record vote:  7 ayes, 0 nays, 0 PNV and 2 absent.