BILL ANALYSIS


                                                        H.B. 2574
                                            By: Uher (Armbrister)
                                                    Jurisprudence
                                                          5-17-95
                              Senate Committee Report (Unamended)
BACKGROUND

Wharton and Matagorda counties are served by the 23rd district
attorney.  High population and crime rates have created a need for
a full-time district attorney for each county.

PURPOSE

As proposed, H.B. 2574 provides that the 23rd district attorney's
office is in Matagorda County and creates a new 329th district
attorney's office for Wharton County; sets forth the
responsibilities of the district attorney.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.110, Government Code, by amending
Subsections (a) and (b) and adding Subsection (d), as follows:

     (a)-(b) Delete Wharton County from the list counties with
     voters who elect a district attorney for the 23rd Judicial
     District.  Make conforming changes.
     
     (d) Provides that the district attorney also handles all
     felony and misdemeanor criminal matters and juvenile matters
     under Title 3, Family Code, in all of the Matagorda County
     courts.
SECTION 2. Amends Chapter 43B, Government Code, by adding Section
43.1775, as follows:

     Sec. 43.1775.  329TH JUDICIAL DISTRICT.  (a) Provides that the
     voters of the 329th Judicial District elect a district
     attorney.
     
     (b) Provides that the district attorney represents the state
       and performs the duties of prosecutor before the district
       courts in Wharton County.
SECTION 3. Amends Chapter 45B, Government Code, by adding Section
45.261, as follows:

     Sec. 45.261.  MATAGORDA COUNTY.  (a) Provides that it is the
     primary duty of the county attorney or Matagorda County to
     represent the state, Matagorda County, and the officials of
     the county in civil matters pending before any court in which
     these entities have matters pending.
     
     (b) Requires the county attorney to handle children's
       protective services, protective orders under the Family
       Code, and proceedings under Title 2, Family Code.
       
       (c) Authorizes the county attorney to assist the district
       attorney in criminal cases in Matagorda County.
SECTION 4. Amends Section 46.002, Government Code, to include the
district attorney for the 329th Judicial District in the list of
prosecutors to which this chapter applies.

SECTION 5. Effective date: September 1, 1995.

SECTION 6. Emergency clause.