HBA-KMH C.S.H.B. 3120 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3120 By: Chisum Judicial Affairs 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The county commissioners court and the incorporated municipalities of Panhandle, Skellytown, Groom, and White Deer in Carson County each approved resolutions requesting that the legislature direct the county attorney of Carson County to prosecute all state crimes in the county. Currently, the district attorney for the 100th Judicial District prosecutes the felonies in the county. The county leadership has requested the changes proposed by this bill because the district attorney's duties include prosecutions in four other counties. Carson County is on the far north end of the district served by the district attorney and over 100 miles from the farthest county seat in the same district. Therefore, travel time may burden the district attorney in serving Carson County. C.S.H.B. 3120 divides the duties of the district attorney in the 100th Judicial District between the county attorney of Carson County and the district attorney. This bill further provides for the county attorney to be paid according to the new duties. Additionally, this bill provides that the district attorney is elected by the voters of and serves the courts in Childress, Collingsworth, Donley, and Hall counties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 43.147, Subchapter A, Chapter 43, Government Code, as follows: Sec. 43.147. 100TH JUDICIAL DISTRICT. Provides that the voters of Childress, Collingsworth, Donley, and Hall counties elect a district attorney for the 100th Judicial District. Provides that the district attorney represents the state in the district court only in these counties, except as provided in Section 45.133(c). SECTION 2. Amends Subchapter B, Chapter 45, Government Code, by adding Section 45.133, as follows: Sec. 45.133. CARSON COUNTY. (a) Requires the county attorney of Carson County to represent the state in all matters pending before the 100th District Court in Carson County. Entitles the county attorney of Carson County to be compensated in the same manner and amount fixed by general law for district attorneys. Requires the expense of such compensation to be borne jointly by Carson County and the state. Requires Carson County to pay $28,500 of the total salary of the county attorney and requires the state to pay the balance. (b) Entitles the county attorney of Carson County to receive funds from the state for the payment of staff salaries and office expenses as provided in the General Appropriations Act for a district attorney who serves a single-county district. (c) Requires the district attorney for the 100th Judicial District to represent the state in all matters pending before the 100th District Court in Carson County on appointment by the judge of the district court in Carson County, if there is no county attorney in Carson County. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3120 modifies the original in SECTION 2 by placing proposed Section 45.133 in Subchapter B (Provisions Applicable to Specific Counties), Chapter 45 (County Attorneys), Government Code, rather than Subchapter A (General Provisions). The substitute restricts the county attorney to representing the state in all matters pending before the 100th District Court in Carson County, rather than the district court in Carson County. The substitute also clarifies that the county attorney is entitled to compensation as provided by the General Appropriations Act for a district attorney who serves a single-county district, rather than a single county. Furthermore, the substitute clarifies that in the absence of a county attorney the district attorney is required to represent the state in all matters pending before the 100th District Court in Carson County, rather than the district court. C.S.H.B. 3120 modifies the original by providing that this Act takes effect September 1, 1999, in SECTION 3 of the substitute, rather than upon passage in SECTION 2 of the original. C.S.H.B. 3120 modifies the original by providing the short emergency clause in SECTION 4 of the substitute, rather than the long emergency clause in SECTION 2 of the original.