HBA-KMH, KMH H.B. 3779 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3779
By: Luna, Vilma
Judicial Affairs
4/7/1999
Introduced



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 and county courts within Nueces County. 

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 courts of Nueces, Kleberg, and Kenedy counties,
as well as the district courts. 

(b) Requires the district attorney to attend each term and session of the
district and county 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 the district and county courts of
Nueces County, and the district court of Kleberg and Kenedy counties.
Provides that the district attorney has control of any case heard on
petition of writ of habeas corpus before any civil or criminal court in the
district. 

(c) Redesignated from existing Subsection (b).

SECTION 2.  Emergency clause.
                       Effective date: 90 days after adjournment.