HBA-KMH C.S.H.B. 3779 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3779 By: Luna, Vilma Judicial Affairs 4/14/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE In Nueces County, members of the commissioners court, the county attorney, and the district attorney explored options relating to the consolidation of all criminal prosecutorial functions into one office. The change would alter functions of the office of the district attorney for the 105th judicial district and all district, county, and justice courts within Nueces County. C.S.H.B. 3779 consolidates all criminal prosecutorial functions in Nueces County into the office of the district attorney of the 105th Judicial District. 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 43.148, Government Code, as follows: Sec. 43.148. 105TH JUDICIAL DISTRICT. (a) Provides that the district attorney serves the county and justice courts of Nueces County, as well as the district courts of Nueces, Kleberg, and Kenedy counties. (b) Requires the district attorney to attend each term and session of the district, county, and justice courts of Nueces County and the district court of Kleberg and Kenedy counties. Requires the district attorney to represent the state in criminal cases pending in those courts. Provides that the district attorney has control of any case heard on petition of writ of habeas corpus before any district or inferior court in the district. (c) Redesignated from existing Subsection (b). SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3779 modifies the original in SECTION 1 to include the justice courts of Nueces County in the courts the district attorney of the 105th Judicial District is required to serve and removes the proposal that the district attorney serve the county courts of Kleberg and Kenedy counties. C.S.H.B. 3779 modifies the original in SECTION 2 by inserting the effective date and moving the emergency clause to SECTION 3.