By: West S.B. No. 1103
A BILL TO BE ENTITLED
AN ACT
1-1 relating to prosecutor assistance by the Office of the Attorney
1-2 General of Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (d), Article 2.07, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (d) In Subsections (b) and (c) of this article, "attorney
1-7 for the state" means a county attorney, a district attorney, <or> a
1-8 criminal district attorney, or the Attorney General.
1-9 SECTION 2. Subchapter B, Chapter 402, Government Code, is
1-10 amended by adding Section 402.028 to read as follows:
1-11 Sec. 402.028. ASSISTANCE TO PROSECUTING ATTORNEYS. (a) At
1-12 the request of a district attorney, criminal district attorney, or
1-13 county attorney, the attorney general may provide assistance in the
1-14 prosecution of all manner of criminal cases, including
1-15 participation as an assistant prosecutor when so appointed by the
1-16 district attorney, criminal district attorney, or county attorney.
1-17 (b) A district attorney, criminal district attorney, or
1-18 county attorney may appoint and deputize the attorney general or
1-19 his or her assistant attorneys general as assistant prosecutor to
1-20 provide assistance in the prosecution of criminal cases, including
1-21 the performance of any duty imposed by law on the district
1-22 attorney, criminal district attorney, or county attorney.
1-23 (c) Nothing in this section shall prohibit the attorney
2-1 general from appointment as attorney pro tem under provision of
2-2 Article 2.07, Code of Criminal Procedure.
2-3 SECTION 3. Section 41.102, Government Code, is amended to
2-4 read as follows:
2-5 Sec. 41.102. EMPLOYMENT OF ASSISTANTS AND PERSONNEL. (a) A
2-6 prosecuting attorney may employ the assistant prosecuting
2-7 attorneys, investigators, secretaries, and other office personnel
2-8 that in his judgment are required for the proper and efficient
2-9 operation and administration of the office.
2-10 (b) A prosecuting attorney may request the assistance of the
2-11 attorney general in the prosecution of all manner of criminal cases
2-12 or in performing any duty imposed by law on the prosecuting
2-13 attorney. In requesting such assistance, a prosecuting attorney
2-14 may appoint the attorney general or his or her assistant attorneys
2-15 general as assistant prosecuting attorneys.
2-16 SECTION 4. Chapter 20, Acts of the 61st Legislature, Regular
2-17 Session, 1969 (Article 6252-9a, Vernon's Texas Civil Statutes), is
2-18 amended by adding Section 3A to read as follows:
2-19 Sec. 3A. Nothing in this article shall prevent the attorney
2-20 general from providing assistance on request to district attorneys,
2-21 criminal district attorneys, and county attorneys in the
2-22 prosecution of all manner of criminal cases as a duly appointed and
2-23 deputized assistant prosecutor nor shall this article prohibit the
2-24 attorney general from serving as attorney pro tem pursuant to
2-25 Article 2.07, Code of Criminal Procedure.
3-1 SECTION 5. This Act takes effect September 1, 1993.
3-2 SECTION 6. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.