SRC-JFA, SLL C.S.S.B. 401 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 401
By: Zaffirini
Jurisprudence
4-21-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires the district attorney of the 156th Judicial
District to represent Bee, Live Oak, and McMullen counties in district
court.  McMullen County currently does not have a county attorney because
there is not enough work to justify hiring one full-time.  This bill will
authorize the district attorney to perform the duties of the county
attorney for McMullen County if there is no county attorney for that
county. 

PURPOSE

As proposed, C.S.S.B. 401 authorizes the district attorney to perform the
duties of the county attorney if there is no county attorney in McMullen
County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.161, Government Code, to authorize the
district attorney to perform the duties of the county attorney in McMullen
County, if there is no county attorney in McMullen County.  Makes a
conforming change. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

Provides that if there is no county attorney in McMullen County, the
district attorney is authorized, rather than required, to perform the
duties of the county attorney.