S.B. No. 1379
                                        AN ACT
    1-1  relating to prosecutor assistance by the Office of the Attorney
    1-2  General of Texas; making an appropriation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 2.07, Code of Criminal Procedure, is
    1-5  amended by adding Subsections (e) and (f) to read as follows:
    1-6        (e)  In Subsections (b) and (c) of this article, "attorney
    1-7  for the state" includes an assistant attorney general.
    1-8        (f)  In Subsection (a) of this article, "competent attorney"
    1-9  includes an assistant attorney general.
   1-10        SECTION 2.  Subchapter B, Chapter 402, Government Code, is
   1-11  amended by adding Section 402.028 to read as follows:
   1-12        Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  At
   1-13  the request of a district attorney, criminal district attorney, or
   1-14  county attorney, the attorney general may provide assistance in the
   1-15  prosecution of all manner of criminal cases, including
   1-16  participation by an assistant attorney general as an assistant
   1-17  prosecutor when so appointed by the district attorney, criminal
   1-18  district attorney, or county attorney.
   1-19        (b)  A district attorney, criminal district attorney, or
   1-20  county attorney may appoint and deputize an assistant attorney
   1-21  general as assistant prosecutor to provide assistance in the
   1-22  prosecution of criminal cases, including the performance of any
   1-23  duty imposed by law on the district attorney, criminal district
    2-1  attorney, or county attorney.
    2-2        (c)  Nothing in this section shall prohibit an assistant
    2-3  attorney general from appointment as attorney pro tem under the
    2-4  provisions of Article 2.07, Code of Criminal Procedure.
    2-5        SECTION 3.  Section 41.102, Government Code, is amended to
    2-6  read as follows:
    2-7        Sec. 41.102.  EMPLOYMENT OF ASSISTANTS AND PERSONNEL.  (a)  A
    2-8  prosecuting attorney may employ the assistant prosecuting
    2-9  attorneys, investigators, secretaries, and other office personnel
   2-10  that in his judgment are required for the proper and efficient
   2-11  operation and administration of the office.
   2-12        (b)  A prosecuting attorney may request the assistance of the
   2-13  attorney general in the prosecution of all manner of criminal cases
   2-14  or in performing any duty imposed by law on the prosecuting
   2-15  attorney.  In requesting such assistance, a prosecuting attorney
   2-16  may appoint any assistant attorney general as an assistant
   2-17  prosecuting attorney.
   2-18        SECTION 4.  Chapter 574, Government Code, is amended by
   2-19  adding Section 574.004 to read as follows:
   2-20        Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL.  Nothing in
   2-21  this chapter shall prevent the attorney general from providing
   2-22  assistance to district attorneys, criminal district attorneys, and
   2-23  county attorneys on request by allowing assistant attorneys general
   2-24  to serve as duly appointed and deputized assistant prosecutors, nor
   2-25  shall this chapter prohibit the appointment of an assistant
    3-1  attorney general as an attorney pro tem pursuant to Article 2.07,
    3-2  Code of Criminal Procedure.
    3-3        SECTION 5.  Money credited to the attorney general account
    3-4  and the attorney general law enforcement account are hereby
    3-5  appropriated.  Unexpended balances credited to the accounts at the
    3-6  end of a biennium are carried over to the next successive biennium.
    3-7        SECTION 6.  This Act takes effect September 1, 1995.
    3-8        SECTION 7.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.