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.  Article 2.07, Texas Code of Criminal Procedure,
    1-5  is amended by amending subsection (d) 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.  Chapter 402 of the Texas Government Code is
   1-10  amended by adding Section 402.028 as follows:
   1-11        Section 402.028.  Assistance to Prosecuting Attorneys:
   1-12        (a)  At the request of a district attorney, criminal district
   1-13  attorney or county attorney, the Attorney General may provide
   1-14  assistance in the prosecution of all manner of criminal cases,
   1-15  including participation as an assistant prosecutor when so
   1-16  appointed by the district attorney, criminal district attorney or
   1-17  county attorney.
   1-18        (b)  A district attorney, criminal district attorney or
   1-19  county attorney may appoint and deputize the Attorney General or
   1-20  his or her assistant attorneys general as assistant prosecutor to
   1-21  provide assistance in the prosecution of criminal cases, including
   1-22  the performance of any duty imposed by law upon the district
   1-23  attorney, criminal district attorney or county attorney.
    2-1        (c)  Nothing in this section shall prohibit the Attorney
    2-2  General from appointment as attorney pro tem under provision of
    2-3  Article 2.07 of the Code of Criminal Procedure.
    2-4        SECTION 3.  Section 41.102 of the Texas Government code is
    2-5  amended to read follows:
    2-6        Section 41.102.  Employment of Assistants and Personnel:
    2-7        (a)  A prosecuting attorney may employ the assistant
    2-8  prosecuting attorneys, investigators, secretaries, and other office
    2-9  personnel that in his judgment are required for the proper and
   2-10  efficient operation and administration of the office.
   2-11        (b)  A prosecuting attorney may request the assistance of the
   2-12  Attorney General in the prosecution of all manner of criminal cases
   2-13  or in performing any duty imposed by law upon the prosecuting
   2-14  attorney.  In requesting such assistance, a prosecuting attorney
   2-15  may appoint the Attorney General or his or her assistant attorneys
   2-16  general as assistant prosecuting attorneys.
   2-17        SECTION 4.  Article 6252-9a of the Texas Revised Civil
   2-18  Statutes is amended by adding Section 4 to read as follows:
   2-19        Section 4.  Nothing in this article shall prevent the
   2-20  Attorney General from providing assistance upon request to district
   2-21  attorneys, 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 it prohibit the Attorney
   2-24  General from serving as attorney pro tem pursuant to Article 2.07
   2-25  of the Texas 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.