S.B. No. 792

relating to the duties of the county attorney in Montgomery County. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 45, Government Code, is amended by adding Section 45.270 to read as follows: Sec. 45.270. MONTGOMERY COUNTY. (a) The county attorney of Montgomery County, or the county attorney's assistants, shall represent the state, Montgomery County, and the officials of the county in all civil matters pending before a court of Montgomery County or any other court. (b) The county attorney has the powers, duties, and privileges in Montgomery County relating to: (1) civil commitment matters under Subtitle C, Title 7, Health and Safety Code; (2) juvenile matters, including proceedings under Title 3, Family Code; (3) child protective services; and (4) protective orders under Title 4, Family Code. (c) Notwithstanding Subsection (a), the commissioners court in Montgomery County may retain independent counsel in any civil matter. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 792 passed the Senate on March 31, 2005, by the following vote: Yeas 30, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 792 passed the House on May 20, 2005, by the following vote: Yeas 139, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor