PMWJ H.B. 1965 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 1965
By: Kuempel
4-9-97
Committee Report (Unamended)



BACKGROUND 

 The Comal County Commissioners Court requested, through a resolution, the
consolidation of the county attorney's office and the district attorney's
office for the 22nd Judicial District by creating the office of criminal
district attorney of Comal County. A single office that eliminates the
overlapping duties of both the county and the district attorneys will be
both cost-effective and efficient for Comal County. 


PURPOSE

 H.B. 1965 creates the single office of criminal district attorney of
Comal County and abolishes the offices of the county attorney of Comal
County and the district attorney of the 22nd Judicial District in order to
consolidate the responsibilities and efforts of the two offices. 


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 44.001, Government Code, by adding Comal
County to the list of counties that elect a criminal district attorney. 

 SECTION 2.  Amends Subchapter B, Chapter 44, Government Code, by adding
Section 44.146 delineating the qualifications, powers and responsibilities
of the criminal district attorney of Comal County as follows: 
 (a) The criminal district attorney must be at least 30 years old; a
practicing attorney in Texas for at least five years; and a resident of
Comal County. 
 (b) The criminal district attorney has all the powers, duties and
privileges of county and district attorneys in other counties and
districts. 
 ( c) The criminal district attorney shall collect the fees, commissions
and perquisites provided by law for similar services by county and
district attorneys. 
 (d) The criminal district attorney shall appoint an assistant district
attorney and other necessary staff. All salaries and operating expenses
will be paid from county funds. 
 (e) The criminal district attorney shall designate individuals to act as
assistant criminal district attorney responsible for assisting the
commissioners court. 

 SECTION 3.  Amends Section 46.002, Government Code, removes the office of
the district attorney of the 22nd Judicial District from the Professional
Prosecutors Act and adds the office of criminal district attorney of Comal
County. 

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

 SECTION 5.  Repeals Section 43.109, Government Code, relating to the
election of the  district attorney of the 22nd Judicial District. 

 SECTION 6.  Effective date.

 SECTION 7.  Emergency clause.