1-1  By:  West                                             S.B. No. 1103
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 28, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; April 28, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley                                         x   
   1-12        Sims               x                               
   1-13        Turner             x                               
   1-14        West               x                               
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to prosecutor assistance by the Office of the Attorney
   1-18  General of Texas.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subsection (d), Article 2.07, Code of Criminal
   1-21  Procedure, is amended to read as follows:
   1-22        (d)  In Subsections (b) and (c) of this article, "attorney
   1-23  for the state" means a county attorney, a district attorney, <or> a
   1-24  criminal district attorney, or the Attorney General.
   1-25        SECTION 2.  Subchapter B, Chapter 402, Government Code, is
   1-26  amended by adding Section 402.028 to read as follows:
   1-27        Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  At
   1-28  the request of a district attorney, criminal district attorney, or
   1-29  county attorney, the attorney general may provide assistance in the
   1-30  prosecution of all manner of criminal cases, including
   1-31  participation as an assistant prosecutor when so appointed by the
   1-32  district attorney, criminal district attorney, or county attorney.
   1-33        (b)  A district attorney, criminal district attorney, or
   1-34  county attorney may appoint and deputize the attorney general or
   1-35  his or her assistant attorneys general as assistant prosecutor to
   1-36  provide assistance in the prosecution of criminal cases, including
   1-37  the performance of any duty imposed by law on the district
   1-38  attorney, criminal district attorney, or county attorney.
   1-39        (c)  Nothing in this section shall prohibit the attorney
   1-40  general from appointment as attorney pro tem under provision of
   1-41  Article 2.07, Code of Criminal Procedure.
   1-42        SECTION 3.  Section 41.102, Government Code, is amended to
   1-43  read as follows:
   1-44        Sec. 41.102.  EMPLOYMENT OF ASSISTANTS AND PERSONNEL.  (a)  A
   1-45  prosecuting attorney may employ the assistant prosecuting
   1-46  attorneys, investigators, secretaries, and other office personnel
   1-47  that in his judgment are required for the proper and efficient
   1-48  operation and administration of the office.
   1-49        (b)  A prosecuting attorney may request the assistance of the
   1-50  attorney general in the prosecution of all manner of criminal cases
   1-51  or in performing any duty imposed by law on the prosecuting
   1-52  attorney.  In requesting such assistance, a prosecuting attorney
   1-53  may appoint the attorney general or his or her assistant attorneys
   1-54  general as assistant prosecuting attorneys.
   1-55        SECTION 4.  Chapter 20, Acts of the 61st Legislature, Regular
   1-56  Session, 1969 (Article 6252-9a, Vernon's Texas Civil Statutes), is
   1-57  amended by adding Section 3A to read as follows:
   1-58        Sec. 3A.  Nothing in this article shall prevent the attorney
   1-59  general from providing assistance on request to district attorneys,
   1-60  criminal district attorneys, and county attorneys in the
   1-61  prosecution of all manner of criminal cases as a duly appointed and
   1-62  deputized assistant prosecutor nor shall this article prohibit the
   1-63  attorney general from serving as attorney pro tem pursuant to
   1-64  Article 2.07, Code of Criminal Procedure.
   1-65        SECTION 5.  This Act takes effect September 1, 1993.
   1-66        SECTION 6.  The importance of this legislation and the
   1-67  crowded condition of the calendars in both houses create an
   1-68  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.
    2-3                               * * * * *
    2-4                                                         Austin,
    2-5  Texas
    2-6                                                         April 28, 1993
    2-7  Hon. Bob Bullock
    2-8  President of the Senate
    2-9  Sir:
   2-10  We, your Committee on Criminal Justice to which was referred S.B.
   2-11  No. 1103, have had the same under consideration, and I am
   2-12  instructed to report it back to the Senate with the recommendation
   2-13  that it do pass and be printed.
   2-14                                                         Whitmire,
   2-15  Chairman
   2-16                               * * * * *
   2-17                               WITNESSES
   2-18                                                  FOR   AGAINST  ON
   2-19  ___________________________________________________________________
   2-20  Name:  Shane Phelps                                            x
   2-21  Representing:  Ass. Attorney General
   2-22  City:  Austin
   2-23  -------------------------------------------------------------------
   2-24  Name:  Bill Turner                               x
   2-25  Representing:  Brazos County DA
   2-26  City:  Bryan
   2-27  -------------------------------------------------------------------
   2-28  Name:  Danny Hill                                              x
   2-29  Representing:  TDCAA
   2-30  City:  Amarillo
   2-31  -------------------------------------------------------------------
   2-32  Name:  Dwayne Pruitt                                           x
   2-33  Representing:  TDCAA
   2-34  City:  Brownfield
   2-35  -------------------------------------------------------------------