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.