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.