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.