PMWJ H.B. 3558 75(R)BILL ANALYSIS JUDICIAL AFFAIRS H.B. 3558 By: Cook 4-16-97 Committee Report (Unamended) BACKGROUND Currently in Wharton County there is frequent duplication in the prosecution of cases by the offices of the County and District Attorneys. 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 offers economic advantages for this small, rural county because it allows for efficient use of their limited resources. To create a more cost-effective system of handling criminal cases, the duties of the County Attorney and District Attorney should be consolidated to better meet the needs of the residents of Wharton County. PURPOSE HB 3558, as proposed, would allow the combination of some of the duties of the County Attorney and the District Attorney in Wharton 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 Section 43.1775, Government Code. Subsection (b) is amended to provide that the 329th Judicial District attorney prosecutes criminal matters before the Wharton county courts as well as the district courts. New subsection (c) requires the 329th Judicial District attorney to represent the state in proceedings under Title 3 of the Family Code. SECTION 2 adds Section 45.341, Wharton County to Subchapter B, Chapter 45 of the Government Code. New Subsec. (a) outlines the primary duties of the Wharton County attorney as representation of the State, Wharton County and county officials in civil matters. New Subsec. (b) adds domestic violence prosecutions under Chapter 71, Family Code, and Title 5, Family Code, to the duties of the Wharton County attorney. New Subsec. (c) adds that the county attorney may assist the district attorney in criminal cases at the request of district attorney. SECTION 3. Effective date. SECTION 4. Emergency clause.