HBA-CBW  S.B. 1113 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1113
By: Cain
Judicial Affairs
5/1/2001
Engrossed



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. Senate Bill 1113 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

Senate Bill 1113 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.