BILL ANALYSIS



C.S.H.B. 941
By: Stiles
3-28-95
Committee Report (Substituted)


BACKGROUND

Article 24.04 of the Code of Criminal Procedure requires subpoenas
for criminal proceedings to be served by reading the subpoena to
the witness or by delivering a copy to the witness.  Personal
delivery can be costly and time-consuming for law enforcement
personnel.  While, the federal government allows for the delivery
of civil subpoenas by certified mail, Texas law requires civil
subpoenas to be delivered by constables.

PURPOSE

If enacted, C.S.H.B. 941 would allow for the delivery of criminal
subpoenas by certified mail, return receipt requested, to the last
known address of the witness.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 24.04, Code of Criminal Procedure
(SERVICE AND RETURN OF SUBPOENA), as follows:

     (a) allows the serving of a subpoena by certified mail, return
     receipt requested, to the last known address of the witness
     unless:

           (A) the applicant for the subpoena requests in writing
           that the subpoena not be served by certified mail; or

           (B) the proceeding for which the witness is being
           subpoenaed is set to begin within seven business days
           after the date the subpoena would be mailed.

     (b) requires the officer to show the time and date the
     subpoena was delivered if read or delivered; or the return
     receipt if served by certified mail; requires the officer to
     use due diligence to locate and serve the witness if a mailed
     subpoena is returned undelivered.

SECTION 2.  Emergency clause.  Effective date:  upon passage.

COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1.  Amends Article 24.04, Code of Criminal Procedure
(SERVICE AND RETURN OF SUBPOENA), by adding Subsection (a)(3)(A)
and (a)(3)(B) as follows:  allows an applicant not to receive the
subpoena by certified mail if (A) he or she makes a request in
writing to that effect; or (B) the proceeding for which the witness
is being subpoenaed is set to begin within seven business days
after the date the subpoena would be mailed.



SUMMARY OF COMMITTEE ACTION

H.B. 941 was considered in a public hearing on March 13, 1995.  The
following person testified in favor of the bill:

     Lon Curtis, representing the Texas District and County
     Attorneys Association (TDCAA).

The following person testified on the bill:

     Sheriff Dan Smith, representing the Sheriff's Association
     Legislative Committee.

HB 941 was left pending in committee.  On March 28, 1995, HB 941
was considered in a formal meeting.  The committee considered a
complete substitute for HB 941.  The substitute was adopted without
objection by a non-record vote.  HB 941 was reported favorably as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.