HBA-GUM, KMH H.B. 3120 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3120
By: Chisum
Judicial Affairs
7/27/1999
Enrolled
BACKGROUND AND PURPOSE 

The county commissioners court and the incorporated municipalities of
Panhandle, Skellytown, Groom, and White Deer in Carson County each approved
resolutions requesting that the legislature direct the county attorney of
Carson County to prosecute all state crimes in the county.  Prior to the
76th Texas Legislature, the district attorney for the 100th  Judicial
District prosecuted the felonies in the county. 

The county leadership has requested the changes proposed by this bill
because the district attorney's duties include prosecutions in four other
counties.  Carson County is on the far north end of the district served by
the district attorney and over 100 miles from the farthest county seat in
the same district.  Therefore, travel time may burden the district attorney
in serving Carson County. 

H.B. 3120 divides the duties of the district attorney in the 100th Judicial
District between the county attorney of Carson County and the district
attorney.  This bill further provides for the county attorney to be paid
according to the new duties.  Additionally, this bill provides that the
district attorney is elected by the voters of and serves the courts in
Childress, Collingsworth, Donley, and Hall counties. 

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 43.147, Subchapter A, Chapter 43, Government
Code, as follows: 

Sec.  43.147.  100TH JUDICIAL DISTRICT.  Provides that the voters of
Childress, Collingsworth, Donley, and Hall counties elect a district
attorney for the 100th Judicial District.  Provides that the district
attorney represents the state in the district court only in these counties,
except as provided in Section 45.133(c). 

SECTION 2.  Amends Subchapter B, Chapter 45, Government Code, by adding
Section 45.133, as follows: 

Sec.  45.133.  CARSON COUNTY.  (a) Requires the county attorney of Carson
County (county attorney) to represent the state in all matters pending
before the 100th District Court in Carson County. Entitles the county
attorney to be compensated in the same manner and amount fixed by general
law for district attorneys.  Requires the expense of such compensation to
be borne jointly by Carson County and the state.  Requires Carson County to
pay $28,500 of the total salary of the county attorney and requires the
state to pay the balance.   

(b) Entitles the county attorney to receive funds from the state for the
payment of staff salaries and office expenses as provided in the General
Appropriations Act for a district attorney who serves a single-county
district. 

(c) Requires the district attorney for the 100th Judicial District to
represent the state in all matters pending before the 100th District Court
in Carson County on appointment by the judge of the district court in
Carson County, if there is no county attorney in Carson County. 
 (d)  Prohibits the county attorney from engaging in the private practice
of law.  Authorizes the county attorney to complete all civil cases that
are not in conflict with the interest of Carson County and that are pending
in court before the county attorney takes office. Prohibits the county
attorney from accepting a fee from an attorney to whom the county attorney
has referred a case.  Provides that this subsection applies to the county
attorney of Carson County and any assistant of the county attorney, if
those persons receive a salary that is equal to or more than 80 percent of
the benchmark salary from all state and county funds received.  Provides
that this subsection does not apply to the county attorney if the county
attorney files with the county auditor an annual written waiver of the
amount of compensation that is equal to or exceeds 80 percent of the
benchmark salary, or if, before September 1, 1999, the county attorney was
paid in excess of the benchmark salary by the county in which the
prosecutor serves.  Requires that an amount waived under this subsection be
used for expenses of the county attorney's office.  

(e)  Defines "benchmark salary."

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.