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.