H.B. 3461 78(R)    BILL ANALYSIS


H.B. 3461
By: Canales
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The 77th Legislature granted the district attorney of the 156th Judicial
District (Bee County, Live Oak County and McMullen County) the authority
to serve as county attorney for McMullen County (population 851).  In
instances where McMullen County had no county attorney, the district
attorney for the 156th Judicial District could also step in and serve as
the county attorney for McMullen County.   

This practice is redundant as McMullen County hires county attorneys to
serve this role.  Also, because the district attorney in this case is
already overwhelmed with matters that pertain to the 156th District Court,
it is in the best interest of all parties involved if the legislature
abolishes provisions which authorize the district attorney of the 156th
Judicial District to serve also as county attorney for McMullen County.  

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

H.B. 3461 amends the Government Code to delete the provision authorizing
the district attorney to perform the duties of the county attorney if
there is no county attorney in McMullen County.  

EFFECTIVE DATE

September 1, 2003.