HBA-CBW H.B. 2633 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2633
By: Homer
Judicial Affairs
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

The 76th Legislature delegated the county attorney in Rains County with the
same duties and powers as a district attorney. Since that delegation of
duties and powers, the caseload in Rains County has continued to increase.
The county has requested that the office of county attorney (office) be
placed under the professional prosecutors law. This action would prohibit
the county attorney from practicing law privately and establish the office
as  a full-time position  for the county.  House Bill 2633  provides that
the professional prosecutors law applies to the county attorney of Rains
County, and entitles the county attorney in Rains County to be compensated
by the state in an amount relating to the salary paid to district
attorneys. 

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. 

ANALYSIS

House Bill 2633 amends the Government Code to provide that the professional
prosecutors law applies to the county attorney of Rains County.  The bill
entitles the county attorney of Rains County to be compensated by the state
in an amount fixed by general law relating to the salary paid to district
attorneys. The bill removes provisions requiring the commissioners court of
Rains County to continue to provide funds for the office of the county
attorney. 

EFFECTIVE DATE

September 1, 2001.