PMWJ C.S.S.B. 1840 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 1840 By: Harris (Dutton) C.S.S.B. 1840 By: Thompsom 5-19-97 Committee Report (Substituted) BACKGROUND There is no current statutory prohibition against attorneys employed by district or county attorneys running for an elected judicial office while maintaining public employment. PURPOSE C.S.S.B. 1840 prohibits employees of a district, county or city attorney from running for an elected judicial office while on the public payroll. 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 Chapter 43A, Government Code, by adding Section 43.005, as follows: Sec. 43.005, PROHIBITION ON RUNNING FOR ELECTED JUDICIAL OFFICE, prohibits an employee of a district or county attorney from running for an elected judicial office while maintaining employment with the district or county attorney's office. Authorizes a district or county attorney to grant a leave of absence to an assistant district or county attorney or an employee for the purpose of running for an elected judicial office. SECTION 2 adds new Section 180.004 to Chapter 180 of the Local Government Code as follows: Sec. 180.004, CERTAIN MUNICIPAL EMPLOYEES PROHIBITED FROM RUNNING FOR ELECTED JUDICIAL OFFICE, prohibits paid employees of a city attorney's office from running for an elected judicial office while maintaining employment with the city attorney's office. Authorizes a city attorney to grant a leave of absence to an employee for the purpose of running for an elected judicial office. SECTION 3. Effective date. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE In the original engrossed version of the bill, Section 1 applied only to district attorneys and assistant district attorneys in counties with a population of more than one million in which the principal municipality has a population of less than 900,000 from running for an elected judicial office while serving as district attorney or assistant district attorney. Section 1 of the substitute provides for statewide application and applies to all employees of a district or county attorney. Section 2 of the substitute was not in the original bill. Section 3 of the substitute was Section 2 in the original bill. Section 4 of the substitute was Section 3 in the original bill.