By Gallego                                             H.B. No. 855
       74R3088 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to participation by the office of the attorney general in
    1-3  the prosecution of criminal cases.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 2.07(d), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (d)  In this article, "attorney for the state" means a county
    1-8  attorney, a district attorney, <or> a criminal district attorney,
    1-9  or an assistant attorney general.
   1-10        SECTION 2.  Section 41.102, Government Code, is amended to
   1-11  read as follows:
   1-12        Sec. 41.102.  Employment of Assistants and Personnel.  (a)  A
   1-13  prosecuting attorney may employ the assistant prosecuting
   1-14  attorneys, investigators, secretaries, and other office personnel
   1-15  that in his judgment are required for the proper and efficient
   1-16  operation and administration of the office.
   1-17        (b)  A prosecuting attorney may request the assistance of the
   1-18  attorney general in the prosecution of criminal cases as provided
   1-19  by Section 402.028.
   1-20        SECTION 3.  Subchapter B, Chapter 402, Government Code, is
   1-21  amended by adding Section 402.028 to read as follows:
   1-22        Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  The
   1-23  attorney general on request of a prosecuting attorney may provide
   1-24  assistance in the prosecution of a criminal case.
    2-1        (b)  An assistant attorney general, with the approval of the
    2-2  attorney general and after being appointed and deputized by a
    2-3  prosecuting attorney, may participate as an assistant prosecutor in
    2-4  a criminal case and perform any duty imposed by law on the
    2-5  prosecuting attorney making the appointment.
    2-6        (c)  This section does not prohibit a judge from appointing
    2-7  an assistant attorney general to serve as an attorney pro tem under
    2-8  Article 2.07, Code of Criminal Procedure.
    2-9        (d)  In this section, "prosecuting attorney" means county
   2-10  attorney, criminal district attorney, or district attorney.
   2-11        SECTION 4.  Chapter 574, Government Code, is amended by
   2-12  adding Section 574.004 to read as follows:
   2-13        Sec. 574.004.  APPLICABILITY TO ASSISTANT ATTORNEYS GENERAL.
   2-14  This chapter does not prohibit an assistant attorney general from
   2-15  serving as an assistant prosecutor in a criminal case or from
   2-16  serving as an attorney pro tem under Article 2.07, Code of Criminal
   2-17  Procedure.
   2-18        SECTION 5.  This Act takes effect September 1, 1995.
   2-19        SECTION 6.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.