SRC-MAX C.S.S.B. 1840 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1840
By: Harris
Jurisprudence
5-10-97
Committee Report (Substituted)


DIGEST 

Currently, attorneys that work for district attorney's offices are allowed
to run for elected judgeship. Instances have arisen in which judges have
reported difficulties resulting from this allowance.  This bill
establishes a statewide policy that district attorneys and assistant
district attorneys  are prohibited from running for an elected judicial
office under certain conditions. 

PURPOSE

As proposed, C.S.S.B. 1840 prohibits certain persons from running for an
elected judicial office under certain conditions.  

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 Chapter 43A, Government Code, by adding Section 43.005,
as follows: 

Sec. 43.005.  PROHIBITION ON RUNNING FOR ELECTED JUDICIAL OFFICE IN
CERTAIN COUNTIES.  Prohibts a district attorney or an assistant district
attorney serving in a county 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.  Authorizes a district attorney
to grant a leave of absence to an assistant district attorney for the
purpose of running for an elected judicial office.  

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.  

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Chapter 43A, Government Code, to add proposed Section 43.005,
relating to the prohibition on running for elected office in certain
counties.  Omits proposed Section 41.110, Government Code, relating to the
prohibition on running for elected judicial office. 

SECTION 2.

Omits proposed Section 180.004, Local Government Code, relating to certain
municipal employees prohibited from running for elected judicial office.
Redesignates SECTIONS 3 and 4 as SECTIONS 2 and 3, respectively.