SRC-DBM H.B. 3779 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3779
76R11481  JMC-FBy: Luna, Vilma (Truan)
Jurisprudence
5/6/1999
Engrossed


DIGEST 

In Nueces County, members of the commissioners court, the county attorney,
and the district attorney explored options relating to the consolidation of
all criminal prosecutorial functions into one office.  The change would
alter the functions of the office of the district attorney of the 105th
Judicial District and all district, county, and justice courts within
Nueces County.  H.B. 3779 would regulate the powers and duties of the
district attorney for the 105th Judicial District. 

PURPOSE

As proposed, H.B. 3779 regulates the powers and duties of the district
attorney for the 105th Judicial District. 

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 43.148, Government Code, to provide that the
district attorney has the same powers and duties as other district
attorneys and serves all the district, county, and justice courts of Nueces
County and the district courts of Kleberg and Kenedy counties.  Requires
the district attorney to attend each term and session of the district,
county, and justice courts of Nueces County and the district courts of
Kleberg and Kenedy counties and to represent the state in criminal cases
pending in those courts.  Provides that the district attorney has control
of any case heard on petition of writ of habeas corpus before any district
or inferior court in the district.  Makes conforming changes. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.