PMWJ H.B. 907 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 907
By: Madden
4-16-97
Committee Report (Unamended)



BACKGROUND 

 In Texas, district attorneys may maintain an independent law practice to
supplement their pay unless they are listed in the Professional
Prosecutors Act which provides additional state funding to supplement
existing salaries in exchange for prohibiting the prosecutor from the
private practice of law. 
 Only about 20 elected prosecutors in Texas are not subject to the
Professional Prosectutors Act. 


PURPOSE

 This bill includes the Collin County criminal district attorney in the
Professional Prosecutors Act. 


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 46.002, Government Code, to include the Collin
County criminal district attorney in the list of professional prosecutors. 

 SECTION 2 strikes current Subsections (c), (d) and (e)  of Section 44.143
of the Government Code which (1) prohibited the Collin County criminal
district attorney from engaging in the private practice of law, (2)
allowed the Collin County Commissioners Court to supplement the salary of
the Collin County Criminal District Attorney, and (3) prohibited Collin
County from entitlement to benefits under Subchapter C, Chapter 41 of the
Government Code.  Current Subsec. (f) becomes Subsec. (c). 

 SECTION 3.  Effective date.

 SECTION 4.  Emergency clause.