SRC-JFA H.B. 3558 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3558
By: Cook (Armbrister)
Criminal Justice
5-2-97
Engrossed


DIGEST 

Currently, there is frequent duplication in the prosecution of cases by
the offices of the county and district attorneys in Wharton County.  The
county's population and crime rates, plus this frequent duplication of
work, warrants the combining of some duties of the two offices.  This
combination may offer economic advantages for Wharton County because it
should allow for the efficient use of the county's  limited resources.
This bill would authorize the combination of some of the duties of the
county attorney and the district attorney in Wharton County.   

PURPOSE

As proposed, H.B. 3558 authorizes the combination of some of the duties of
the county attorney and district attorney in Wharton 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 43.1775, Government Code, by amending Subsection
(b) and by adding Subsection (c), to provide that the district attorney
represents the state and performs the duties of prosecutor in all criminal
matters before the district and county courts in Wharton County. Provides
that the attorney represents the state in proceedings under Title 3,
Family Code.  

SECTION 2. Amends Chapter 45B, Government Code, by adding Section 45.341,
as follows:  

Sec. 45.341.  WHARTON COUNTY.  Provides that the primary duty of the
county attorney in Wharton County is to represent the state, Wharton
County, and county officials in civil matters.  Provides that the county
attorney has the powers and duties relating to cases involving protective
orders under Chapter 71, Family Code, and cases under Title 5, Family
Code, including cases brought for the protection of children.  Authorizes
the county attorney, at the request of the district attorney, to assist
the district attorney in the prosecution of criminal cases in Wharton
County.   

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.