THEATTORNEY GENERAL.
OFTEXAS
Honorable Fred Holub Opinion No. C-636
County Attorney
Matagorda County Re: Whether the County Attorney
Bay City, Texas of Matagorda County, Texas,
has the duty to act under
the new Uniform Reciprocal
Dear Mr. Holub: Enforcement of Support Act.
You have requested an opinion of this office concerning
the capt loned matter.
The new Uniform Reciprocal Enforcement of Support Act,
Acts 1965, 59th Legislature, Chapter 679, page 1561, codified
as Article 2328b-4, Vernon’s Civil Statutes, delegates certain
enumerated duties to the “ProseoutIng attorney” who 1s defined
In Section 2 (0) a8 follows:
‘Prosecuting attorney’ meana the
distrl&‘attorney or, in those counties in
which the county attorney fulfills the func-
tions of the district attorney, the county
attorney .”
Section 21 of Article fj of the Texas Constitution
provides, in part, as follows:
“The County Attorneys shall represent
the State in all cases in the District and
inferior courts in their reapectlva counties:
but if any county shall be included in a dla-
trlct in which there shall be a Dletrlct
Attorney, the respective duties of District
Attorneys and County Attorney8 ahall in such
counties be regulated by the Legislature.”
The County Attorney of Matagorda County does not ful-
fill the functions of the District Attorney, aa suoh county
has a District Attorney.
In Section 2(o) of Article 2328b-4, aupra, the Legls-
lature haa, with clear and unambiguous language, defined the
term “Prosecuting Attorney”, as used in the Act, Section 12
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Honorable Fred Holub, page 2 (C-636)
thereof, when Texas is the initiating state, provides:
"The prosecuting attorney, upon the request
of the court or the State Department of Public
Welfare, shall represent the plaintiff in any
proceeding under this Act."
Sections 18 and 19 of the Act contain comparable provisions
when Texas is the responding state.
As the Legislature has specifically made it the duty
of the District Attorney to be the "Prosecuting Attorney" in
such cases, in all instances, except In those counties in
which the County Attorney fulfills the functions of the Dis-
trict Attorney, it is our opinion that the County Attorney
of Matagorda County does not have the duty to act as "prose-
cuting attorney" under the Uniform Reciprocal Enforcement of
Support Act. See Garcia v. Laughlin, 285 S.w.2d 191, 195
(Tex.Sup. 1955).
SUMMARY
The County Attorney of Matagorda County does
not have the duty to act as "prosecuting attor-
ney" under the Uniform Reciprocal Enforcement
of Support Act.
Very truly yours,
WAGGONER CARR
Attorney General of Texas
By : ~-‘sz Ly‘I ‘\.‘~
'LARRY J.' CRADDOLiK
Assistant Attorney General
LJC:cm
APPROVED:
OPINION COMMITTEE:
W; V. Geppert, Chairman
Lonny F. Zwiener
Robert Owen
Ralph Rash
Dean Arrlngton
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Honorable Fred Holub, page 3 (c-636)
APPROVED FOR THE ATTORNEY GENBRAL
BY: T. B. WRIGHT
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