PMWJ C.S.H.B. 844 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 844
By: McReynolds
C.S.H.B. 844
By: Thompson
4-28-97
Committee Report (Substituted)



BACKGROUND 

  The district attorney for the 1st Judicial District now represents the
state in district court for the counties of Newton, Sabine, and San
Augustine.  The prosecution of felony crimes in Newton County is handled
by the District Attorney for the First Judicial District of Texas.  Newton
County has seen a particularly high increase in the number of cases
referred to the District Attorney's office. The number of juvenile
referrals which are handled by the District Attorney's office has also
increased significantly.  This increase in the number of cases has reduced
the ability of the District Attorney's office to effectively prosecute
each case. 


PURPOSE

 This bill removes Newton County from the 1st Judicial District district
attorney district and creates a new Judicial District 1-A district
attorney district composed of Newton County. 

 
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 Gov't Code ' 43.101 to remove Newton County from the 1st
Judicial District Attorney district. 

 SECTION 2 adds Section 43.1015 to the Government Code to create the
Judicial District 1-A district attorney district composed of Newton
County.  The district attorney for Judicial District 1-A represents the
state in the district courts in Newton County. 

 SECTION 3 provides that the office district attorney for Judicial
District 1-A exists for the purpose of the general election in 1998.  The
first term shall begin January 1, 1999, and last two years; each term
thereafter will be a full four-year term.  Vacancies after the initial
vacancy are to be filled as provided by Tex. Const. art. IV, ' 12. 

 SECTION 4.  Effective dates.

 SECTION 5.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

 Sections 1 and 2 in both versions of the bill are identical.
 Section 3 of the original bill amended Government Code ' 46.002 to add
the district attorney  for Judicial District 1-A to the list of
professional prosecutors in the Professional Prosecutors Act; this does
not appear in the substitute. 
 Sections 4, 5 and 6 in the original bill become Sections 3, 4 and 5,
respectively, in the substitute.