1-1 By: Haley S.B. No. 1441
1-2 (In the Senate - Filed April 27, 1993; April 28, 1993, read
1-3 first time and referred to Committee on Finance; May 3, 1993,
1-4 reported favorably by the following vote: Yeas 12, Nays 0;
1-5 May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the defense of state prosecuting attorneys by the
1-24 attorney general.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 402.024, Government Code, is amended to
1-27 read as follows:
1-28 Sec. 402.024. DEFENSE OF PROSECUTING ATTORNEY <DISTRICT
1-29 ATTORNEY>, GRAND JURY COMMISSIONER, OR GRAND JUROR. (a) In this
1-30 section, "prosecuting attorney" means a district attorney, criminal
1-31 district attorney, or county attorney.
1-32 (b) The attorney general shall defend a prosecuting attorney
1-33 in any action or suit in any court in which the prosecuting
1-34 attorney is a defendant because of his office as prosecuting
1-35 attorney if the prosecuting attorney requests the attorney
1-36 general's assistance in the defense of the action or suit <state
1-37 district attorney in an action in a federal court if:>
1-38 <(1) the district attorney is a defendant because of
1-39 the district attorney's office;>
1-40 <(2) the cause of action accrued while the person
1-41 filing the action was confined in a Texas Department of Corrections
1-42 facility;>
1-43 <(3) the district attorney requests the attorney
1-44 general's assistance in the defense; and>
1-45 <(4) there is no action pending against the district
1-46 attorney in which the attorney general is required to represent the
1-47 state>.
1-48 (c) <(b)> The attorney general shall defend a state grand
1-49 jury commissioner or grand juror who is a defendant in an action in
1-50 any court if:
1-51 (1) the suit involves an act of the person while in
1-52 the performance of duties as a grand jury commissioner or grand
1-53 juror; and
1-54 (2) the person requests the attorney general's
1-55 assistance in the defense.
1-56 SECTION 2. This Act takes effect September 1, 1993.
1-57 SECTION 3. The importance of this legislation and the
1-58 crowded condition of the calendars in both houses create an
1-59 emergency and an imperative public necessity that the
1-60 constitutional rule requiring bills to be read on three several
1-61 days in each house be suspended, and this rule is hereby suspended.
1-62 * * * * *
1-63 Austin,
1-64 Texas
1-65 May 3, 1993
1-66 Hon. Bob Bullock
1-67 President of the Senate
1-68 Sir:
2-1 We, your Committee on Finance to which was referred S.B. No. 1441,
2-2 have had the same under consideration, and I am instructed to
2-3 report it back to the Senate with the recommendation that it do
2-4 pass and be printed.
2-5 Montford,
2-6 Chairman
2-7 * * * * *
2-8 WITNESSES
2-9 FOR AGAINST ON
2-10 ___________________________________________________________________
2-11 Name: Becky McPherson, D.A. x
2-12 Representing: 110th District Attorney
2-13 City: Floydada
2-14 -------------------------------------------------------------------
2-15 Name: Travis S. Ware x
2-16 Representing: Lubbock Cty. Crim. DA Office
2-17 City: Lubbock
2-18 -------------------------------------------------------------------
2-19 Name: Tom Krampitz x
2-20 Representing: Tx Dist & Cty Attys Assoc.
2-21 City: Austin
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