79R6496 QS-F

By:  Staples                                                      S.B. No. 792



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 Title 4, Family Code.                     
	(c)  Notwithstanding Subsection (a), the commissioners court 
in Montgomery County may retain independent counsel 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.