HBA-RBT H.B. 762 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 762 By: Dutton Judicial Affairs 4/7/1999 Introduced BACKGROUND AND PURPOSE Employees of the prosecuting attorney or city attorney offices are able to run for elected judicial office while being employed by those offices. This has placed a number of prosecuting attorneys in judicial positions resulting in many of the courts being biased towards prosecutors. This movement from prosecutor to judge creates an environment that is unfavorable to defendants. H.B. 762 prohibits an employee of a prosecuting attorney or city attorney from running for an elected judicial office while maintaining employment with that office.. 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 Subchapter B, Chapter 41, Government Code, by adding Section 41.111, as follows: Sec. 41.111. PROHIBITION ON RUNNING FOR ELECTED JUDICIAL OFFICE. Defines "elected judicial office." Prohibits specified employees of a prosecuting attorney from running for an elected judicial office while maintaining employment with the prosecuting attorney. Authorizes a prosecuting attorney to grant a leave of absence to an employee for the purpose of running for an elected judicial office. SECTION 2. Amends Chapter 180, Local Government Code, by adding Section 180.004, as follows: Sec. 180.004. CERTAIN MUNICIPAL EMPLOYEES PROHIBITED FROM RUNNING FOR ELECTED JUDICIAL OFFICE. Defines "elected judicial office." Prohibits a paid employee of a city attorney's office from running for an elected judicial office while maintaining employment with the city attorney's office. Authorizes the governing body of a municipality to grant a leave of absence to an employee of the city attorney's office for the purpose of running for an elected judicial office. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.