BILL ANALYSIS



S.B. 1379
By: Wentworth (Gallego)
4-20-95
Committee Report (Unamended)


BACKGROUND

     The prosecutor assistance division of the Office of the
Attorney General has provided technical and specialized assistance
to local prosecutors across the state.  Currently, although these
actions are taking place, there is no statutory provision which
allows the division to assist as a duly appointed assistant
prosecutor, or as an attorney pro tem.


PURPOSE

     As proposed, S.B. 1379 authorizes the attorney general's
office to provide technical and legal assistance as an appointed
assistant prosecutor or as an attorney pro tem, upon the request of
a local prosecuting attorney.


RULEMAKING AUTHORITY

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


SECTION BY SECTION ANALYSIS

     SECTION 1 amends Section 2.07, Texas Code of Criminal
Procedure, by adding Subsections (e) and (f), to define "attorney
for the state" and "competent attorney" to include an assistant
Texas attorney general.

     SECTION 2 amends Chapter 402, Government Code, by adding
Section 402.028, as follows:
           Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.
           Subsec. (a) authorizes the attorney general to provide
     assistance in the prosecution of all manner of criminal cases,
     including participation by an assistant attorney general as an
     assistant prosecutor when so appointed by the district
     attorney, criminal district attorney or county attorney.
           Subsec. (b) authorizes a district attorney, criminal
     district attorney or county attorney to appoint and deputize
     an assistant attorney general as assistant prosecutor to
     provide assistance in the prosecution of criminal cases.
           Subsec. (c) provides that nothing in this section shall
     prohibit an assistant attorney general from appointment as
     attorney pro tem under the provision of Article 2.07 of the
     Code of Criminal Procedure.
     
     SECTION 3 amends Section 41.102, Government Code, to make
conforming changes.

     SECTION 4 adds a new Section 574.004 to the Government Code
provides that nothing in this section shall prohibit an assistant
attorney general from providing assistance to prosecutors nor to
serve as assistant prosecutors nor from appointment as attorney pro
tem under the provision of Article 2.07 of the Code of Criminal
Procedure.

     SECTION 5 provides that moneys credited to the attorney
general account and the attorney general law enforcement account
are hereby appropriated.  Provides that unexpended balances
credited to the accounts at the end of a biennium are carried over
to the next successive biennium.

     SECTION 6.  Effective date.

     SECTION 7.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

     Pursuant to an announcement made while the House was still in
session on April 20, 1995, the Committee on Judicial Affairs met in
a formal meeting on April 20, 1995, to consider Senate Bill 1379. 
The Chair laid out S.B. 1379 and explained.  Rep. Goodman moved
that S.B. 1379 be reported favorably back to the full House,
without amendment, with the recommendation that it do pass, be
printed and sent to the Local & Consent Calendars Committee.  The
motion prevailed by the following record vote:  7 ayes, 0 nays, 0
PNV and 2 absent.