79R2402 QS-D
By: Hope H.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the county attorney in Montgomery County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Government Code, is
amended by adding Section 45.270 to read as follows:
Sec. 45.270. MONTGOMERY COUNTY. (a) The county attorney of
Montgomery County, or the county attorney's assistants, shall
represent the state, Montgomery County, and the officials of the
county in all civil matters pending before a court of Montgomery
County or any other court.
(b) The county attorney has the powers, duties, and
privileges in Montgomery County relating to:
(1) civil commitment matters under Subtitle C, Title
7, Health and Safety Code;
(2) juvenile matters, including proceedings under
Title 3, Family Code;
(3) child protective services; and
(4) protective orders under Chapter 71, Family Code.
(c) Notwithstanding Subsection (a), the commissioners court
in Montgomery County may retain independent counsel for assistance
in any civil matter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.