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


Office of House Bill AnalysisH.B. 3120
By: Chisum
Judicial Affairs
4/19/1999
Introduced
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.  Currenlty, the
district attorney for the 100th  Judicial District prosecutes 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 A, Chapter 45, Government Code, by adding
Section 45.133, as follows: 

Sec.  $5.133.  CARSON COUNTY.  (a) Requires the county attorney of Carson
County to represent the state before the district court in Carson County.
Entitles the county attorney of Carson County to be compensated in the same
manner and amount as provided 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 $28,5000 of the total
salary of the county attorney and requires the state to pay the balance.   

(b) Entitles the county attorney of Carson County to receive from the state
an amount 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. 

(c) Requires the district attorney for the 100th Judicial District to
represent the state in all matters pending before the 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. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.