PMWJ S.B. 401 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 401
By: Zaffirini (Raymond)
4-2-97
Committee Report (Unamended)



BACKGROUND 

 McMullen County does not currently have a county attorney, and with a
population of less than 800 people, the limited number of contested county
court cases does not justify filling the position.  Presently, although
the 156th District Attorney is performing the duties of McMullen County
Attorney as a courtesy, there is nothing in statute expressly validating
his actions. 


PURPOSE

 This bill would establish in statute the requirement that the 156th
district attorney perform the duties of county attorney for McMullen
County.  This would reduce the possibility that any actions taken by the
156th District Attorney while performing the duties of McMullen County
Attorney could be contested on jurisdictional grounds.  


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 adds a new Subsec. (b) to Section 43.161, Government Code, to
require the 156th district attorney to perform the duties of a county
attorney in McMullen County. 

 SECTION 2.  Emergency clause.  Effective date.