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.