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.