H.B. 2937 78(R)    BILL ANALYSIS


H.B. 2937
By: Phillips
County Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Grayson County is one of few counties in Texas in which the county
attorney has felony jurisdiction. The District Attorney is generally
thought of as the felony prosecutor.  This often causes confusion by the
public as well as other law enforcement agencies and public officials
outside Grayson County as to the jurisdiction of the county attorney.   

HB 2937 would abolish the office of Grayson County Attorney and create the
office of the Grayson County Criminal District Attorney effective January
1, 2005.      

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
SECTION 1.  Amends  44.001, Government Code to add Grayson County to the
list of those counties in which a criminal district attorney is elected. 

SECTION 2.  Adds  44.191, Government Code.  Provides that the criminal
district attorney shall attend each term and session of the district
courts and inferior courts held for the transaction of criminal business
in Grayson County.  The criminal district attorney shall exclusively
represent the state in all criminal matters in these courts. 

Criminal district attorney performs the duties conferred by law on county
attorneys and district attorneys.  Criminal district attorney collects
fees, commissions and perquisites provided for similar services rendered
by county and district attorneys. 

Criminal district attorney is paid by the state an equal amount paid by
the state to district attorneys.  
A vacancy in the office of criminal district attorney is filled by
appointment by the Grayson County Commissioners Court until the next
general election. 

SECTION 3.  Provides that the criminal district attorney of Grayson County
is subject to the Professional Prosecutors provisions in Chapter 46. 

SECTION 4.  Repeals  45.191, Government Code

SECTION 5.  Abolishes the office of county attorney of Grayson County.

SECTION 6.  Provides that the initial vacancy in the office is to be
filled by election in 2004 for a four year term.   

SECTION 7.  Sections 4 and 5 take effect January 1, 2005.  All other
sections take effect January 1, 2004.  

EFFECTIVE DATE
January 1, 2004, except that Sections 4 and 5 become effective January 1,
2005.