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.