BILL ANALYSIS


                                                        S.B. 1195
                                                    By: Wentworth
                                                    Jurisprudence
                                                           4-5-95
                                       Committee Report (Amended)
BACKGROUND

Under Section 104.0035, Civil Practice and Remedies Code, the state
will indemnify a government official for reasonable attorney's fees
incurred in the defense of a criminal prosecution against the
official in his or her official capacity if the official is found
not guilty after a trial or appeal, or if the complaint,
information, or indictment is dismissed without a plea of guilty or
nolo contendere being entered.  The state is not required to
reimburse legal fees incurred by a government official who is being
investigated by a grand jury if the person is not true billed by a
grand jury.

PURPOSE

As proposed, S.B. 1195 provides for the indemnification by the
state for attorney's fees incurred by a person in defense of
certain criminal prosecutions.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 104.0035(a), Civil Practice and Remedies
Code, to require the state to indemnify a person for reasonable
attorney's fees incurred in defense of a criminal prosecution
against the person if, among other conditions, the person is not
true billed by the grand jury.

SECTION 2. Effective date:  September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.