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.