BILL ANALYSIS



C.S.S.B. 283
By: Brown (Goodman)
05-10-95
Committee Report (Substituted)


BACKGROUND

Recent committee testimony indicates that in some areas of Texas,
confusion exists as to which prosecuting attorney is responsible
for filing protective order applications.  In these situations, the
county attorney may state that the district attorney was
responsible for filing the application, while the district attorney
may refer the applicant back to the county attorney.

PURPOSE

As proposed, S.B. 283 requires prosecuting attorneys to provide
notice of their responsibility to apply for a protective order to
law enforcement agencies.

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 71.04(c), Family Code, to provide that
the district attorney is responsible for filing an application for
a protective order unless the district attorney transfers that
responsibility to the county attorney.  Requires the prosecuting
attorney responsible for filing applications for a protective order
to provide notice of that responsibility to all law enforcement
agencies within the jurisdiction of the prosecuting attorney.

SECTION 2. Amends Article 5.06, Code of Criminal Procedure, by
adding Subsection (c) to make a conforming change.

SECTION 3. Effective date:  September 1, 1995.

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 283 provides that the district attorney is the prosecuting
attorney responsible for filing applications for a protective order
unless the district attorney transfers that responsibility to the
county attorney.  The original version provides that the county
attorney or the criminal district attorney is the prosecuting
attorney responsible unless the district attorney assumes the
responsibility by giving notice to the county attorney.

SUMMARY OF COMMITTEE ACTION

S.B. 283 was considered in a public hearing on April 19, 1995.

The following person testified neutrally on the bill:
     John J. Sampson, representing himself.

The bill was left pending in committee.

In a formal meeting on April 25, 1995, the committee considered a
complete substitute for the bill which was adopted without
objection.  S.B. 283 was reported favorably as substituted with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.