SRC-PNG H.B. 2246 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2246
By: Homer (Cain)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

Chapter 43 of the Government Code regulates the duties of the district
attorney of the 8th Judicial District of Texas, and Chapter 45B of the
Government Code regulates county attorneys in the state of Texas.  This
bill would provide that the district attorney of the 8th Judicial District
is elected by voters in Delta, Franklin, and Hopkins counties and limits
the duties of the district attorney to matters involving those counties.
This bill would also require the county attorney of Rains County to take up
the duties of the district attorney for all matters involving Rains County.
Furthermore, this bill would provide for increased funding from the state
for payment of staff salaries of the county attorney's office and would
require Rains County to continue funding the office of the county attorney
at least at an equal amount as of the effective date of this bill. 

PURPOSE

As proposed, H.B. 2246 provides that the district attorney of the 8th
Judicial District is elected by voters in Delta, Franklin, and Hopkins
counties and limits the duties of the district attorney to matters
involving those counties.  This bill also requires the county attorney of
Rains County to take up the duties of the district attorney for all matters
involving Rains County.  Furthermore, this bill provides for increased
funding from the state for payment of staff salaries of the county
attorney's office and requires Rains County to continue funding the office
of the county attorney at least at an equal amount as of the effective date
of this bill. 

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 43.104, Government Code, to provide that the
district attorney of the 8th Judicial District is elected by voters in
Delta, Franklin, and Hopkins counties and limits the duties of the district
attorney to matters involving those counties. 

SECTION 2. Amends Chapter 45B, Government Code, by adding Section 45.290,
as follows: 

Sec.  45.290.  RAINS COUNTY.  (a) Requires the county attorney for Rains
County to perform the duties imposed on and have the powers conferred on
district attorneys by general law, only in Rains County. 

(b) Entitles Rains County to receive an amount from the state equal to 30
percent of the salary paid to a district attorney by the state for the
purpose of supplementing the salary of the county attorney.  Entitles Rains
County to receive from the state an amount equal to the amount provided in
the General Appropriations Act to district attorneys for the payment of
staff salaries and office expenses. 

(c) Requires the commissioners court of Rains County to continue to provide
funds for the office of the county attorney in an amount that is equal to
or greater than the amount of funds provided for the office by the county
on the effective date of this Act. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.