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.