HBA-KMH C.S.H.B. 2246 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2246
By: Homer
Judicial Affairs
4/14/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

C.S.H.B. 2246 provides that the district attorney of the 8th Judicial
District is elected by voters in Delta, Franklin, and Hopkins counties and
limits the duties of the district attorney to matters involving those
counties.  This bill also requires the county attorney of Rains County to
take up the duties of the district attorney for all matters involving Rains
County.  Furthermore, this bill provides for increased funding from the
state for payment of staff salaries of the county attorney's office and
requires the county to continue funding the office at least at an equal
amount. 

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 43.104, Government Code, to provide that the
district attorney of the 8th Judicial District is elected by voters in
Delta, Franklin, and Hopkins counties and limits the duties of the district
attorney to matters involving those counties. 

SECTION 2.  Amends Subchapter B, Chapter 45, Government Code, by adding
Section 45.290, as follows: 

Sec.  45.290.  RAINS COUNTY.  (a) Requires the county attorney for Rains
County to perform the duties imposed on and have the powers conferred on
district attorneys by general law, only in Rains County. 

(b) Entitles Rains County to receive an amount from the state equal to 30
percent of the salary paid to a district attorney by the state for the
purpose of supplementing the salary of the county attorney.  Entitles Rains
County to receive from the state an amount equal to the amount provided in
the General Appropriations Act to district attorneys for the payment of
staff salaries and expenses of the office. 

(c) Requires the commissioners court of Rains County to continue to provide
funds for the office of the county attorney in an amount that is equal to
or greater than the amount of funds provided for the office by the county
on the effective date of this Act. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2246 modifies the original in SECTION 2 by removing the
entitlement to the county attorney of compensation equal to the salary paid
to district attorneys by the state in proposed Section 45.290(b).  The
substitute instead entitles Rains County to receive an amount from the
state equal to 30 percent of the salary paid to a district attorney by the
state for the purpose of supplementing the salary of the county attorney.
The substitute also entitles the county to receive from the state an amount
equal to the amount provided in the General Appropriations Act to district
attorneys for the  payment of staff salaries and expenses of the office.
Furthermore, the substitute requires the commissioners court of Rains
County to continue to provide the funds for the office of the county
attorney in an amount equal to or greater than is already being provided.