PMWJ S.B. 324 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 324
By: Armbrister (Hawley)
5-21-97
Committee Report (Unamended)


BACKGROUND 

 In Texas, District Attorneys may maintain an independent law practice to
supplement their pay unless they are listed in the Professional
Prosecutors Act which provides additional state funding to supplement
existing salaries in exchange for prohibiting the prosecutor from the
private practice of law. 
 Only about 20 elected prosecutors in Texas are not subject to the
Professional Prosectutors Act. 
 Currently, the district attorneys of the 24th Judicial District are
subject to the provisions of the Professional Prosecutors Act.  The 24th
Judicial District is a small district that at any given time has
approximately 20 lawyers or less who actually reside in the district.  If
the district attorney must give up his or her private practice in order to
serve, as required by the professional prosecutors law, the office will
only appeal to those attorneys who have no significant private practice
and who have not established themselves in the district.  


PURPOSE

 S.B. 324 deletes the district attorneys of the 24th Judicial District
from the list of district attorneys to which the professional prosecutors
law applies. 


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 46.002, Government Code, to delete a provision
that this chapter applies to the district attorney for the 24th Judicial
District. 

 SECTION 2. Emergency clause.  Effective date.