HBA-LCA H.B. 3801 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3801 By: Smithee Judicial Affairs 4/8/1999 Introduced BACKGROUND AND PURPOSE Normally, a county attorney is paid wholly by local funds, except when he or she also represents the state in district court for felony criminal matters. In that instance, the state traditionally has provided either partial or full funding of the county attorney's salary. Because the county attorney in Oldham County handles felony criminal matters for the state, the state pays 30 percent of the county attorney's salary. When this partial salary allotment was authorized by the Legislature in 1965, the caseload in Oldham County was small relative to other jurisdictions. Since then, however, the caseload has increased, and additional responsibilities have been assigned to the county attorney; for example, the county attorney now represents Child Protective Services in child abuse and neglect cases. H.B. 3801 requires that Oldham County continue to pay $28,500 of the county attorney's salary, but requires the state to increase its contribution by paying the balance necessary to bring that salary to the level of compensation currently paid to district attorneys in the state. This bill also entitles the county attorney's office in Oldham County to receive money provided under the General Appropriations Act for single-county districts to pay for staff salaries and office expenses. 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 45.280, Government Code, as follows: Sec. 45.280. OLDHAM COUNTY. (a) Requires the county attorney in Oldham County to represent the state in all matters pending before the district court in Oldham County. (b) Entitles the county attorney in Oldham County to state compensation in the manner and amount provided by general law relating to the salary paid to district attorneys by the state. Requires that Oldham County pay $28,500 of the county attorney's salary. Requires the state to pay the remainder of the salary. (c) Entitles the county attorney in Oldham County to receive funds from the state for staff salaries and office expenses as provided in the General Appropriations Act for single-county districts. (d) Redesignated from former Subsection (a). Deletes former Subsection (b), which required the state to pay 30 percent of the county attorney's salary. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.