SRC-SLL H.B. 1965 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1965
By: Kuempel (Wentworth)
Jurisprudence
4-29-97
Engrossed


DIGEST 

Currently, Comal County is served by both a county attorney's office and a
district attorney's office. The Comal County Commissioners Court has
requested the consolidation of the county attorney's office and the
district attorney's office by creating the office of criminal district
attorney of Comal County.  A single office will eliminate the overlapping
duties of both the county and the district attorneys and thus, be both
cost-effective and efficient.  This bill will abolish the offices of
district attorney for the 22nd Judicial District and the county attorney
for Comal County and create the office of criminal district attorney for
Comal County.  

PURPOSE

As proposed, H.B. 1965 abolishes the offices of district attorney for the
22nd Judicial District and the county attorney for Comal County and
creates the office of criminal district attorney for Comal County.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 44.001, Government Code, to provide that the
voters of Comal County elect a criminal district attorney. 

SECTION 2. Amends Chapter 44B, Government Code, by adding Section 44.146,
as follows: 

Sec.  44.416.  COMAL COUNTY.  Sets forth qualifications for the criminal
district attorney of Comal County.  Provides that the criminal district
attorney has all the powers, duties, and privileges in Comal County that
are conferred by law on county and district attorneys in the various
counties and districts.  Requires the criminal district attorney to
collect the fees, commissions, and perquisites that are provided by law
for similar services rendered by a district or county attorney.  Requires
the criminal district attorney, with the approval of the commissioners
court, to appoint an assistant district attorney and other personnel
necessary to the proper performance of the district attorney's duties.
Requires the commissioners court to pay the salaries of the staff and
necessary operating expenses of the office from county funds.  Requires
the criminal district attorney, with the advice and consent of the
commissioners court, to designate one or more individuals to act as
assistant criminal district attorney with exclusive responsibility for
assisting the commissioners court. 

SECTION 3. Amends Section 46.002, Government Code, to delete a provision
that this chapter applies to the district attorney for the 22nd Judicial
District.  Provides that this chapter applies to the criminal district
attorney for Comal County. 

SECTION 4. Abolishes the office of county attorney of Comal County.

SECTION 5. Repealer: Section 43.109, Government Code (22nd Judicial
District). 

SECTION 6. Effective date: September 1, 1997.
 
SECTION 7. Emergency clause.