HBA-KMH C.S.H.B. 2246 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2246 By: Homer Judicial Affairs 4/14/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.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 the county to continue funding the office at least at an equal amount. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. 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 Subchapter B, Chapter 45, 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 expenses of the office. (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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2246 modifies the original in SECTION 2 by removing the entitlement to the county attorney of compensation equal to the salary paid to district attorneys by the state in proposed Section 45.290(b). The substitute instead 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. The substitute also entitles the 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 expenses of the office. Furthermore, the substitute requires the commissioners court of Rains County to continue to provide the funds for the office of the county attorney in an amount equal to or greater than is already being provided.