BILL ANALYSIS


                                                        S.B. 1379
                                                    By: Wentworth
                                                 Criminal Justice
                                                         04-10-95
                                       Committee Report (Amended)
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, 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.  (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.
     
     (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.
       
       (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. Amends Article 6252-9a, V.T.C.S., by adding Section 4,
as follows:

     Sec. 4.  ASSISTANCE BY ATTORNEY GENERAL.  Provides that
     nothing in this article shall prevent the attorney general
     from providing assistance to district attorneys, criminal
     district attorneys, and county attorneys upon request by
     allowing assistant attorneys general to serve as duly
     appointed and deputized assistant prosecutors, nor shall this
     article prohibit the appointment of an assistant attorney
     general from serving as an attorney pro tem pursuant to
     Article 2.07, 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: September 1, 1995.

SECTION 7. Emergency clause.