1-1        By:  Wentworth                                  S.B. No. 1379
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 5, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 7, Nays 0; April 5, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                             By:  Moncrief
    1-7  Amend S.B. No. 1379 as follows:
    1-8        Strike SECTION 1 on page 1 and substitute the following:
    1-9        "SECTION 1.  Article 2.07, Code of Criminal Procedure, is
   1-10  amended by adding Subsections (e) and (f) to read as follows:
   1-11        (e)  In Subsections (b) and (c) of this article, "attorney
   1-12  for the state" includes an assistant attorney general.
   1-13        (f)  In Subsection (a) of this article, "competent attorney"
   1-14  includes an assistant attorney general."
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to prosecutor assistance by the Office of the Attorney
   1-18  General of Texas; making an appropriation.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subsection (d), Article 2.07, Code of Criminal
   1-21  Procedure, is amended to read as follows:
   1-22        (d)  In Subsections (b) and (c) of this article, "attorney
   1-23  for the state" means a county attorney, a district attorney, <or> a
   1-24  criminal district attorney, or an assistant attorney general.
   1-25        SECTION 2.  Subchapter B, Chapter 402, Government Code, is
   1-26  amended by adding Section 402.028 to read as follows:
   1-27        Sec. 402.028.  ASSISTANCE TO PROSECUTING ATTORNEYS.  (a)  At
   1-28  the request of a district attorney, criminal district attorney, or
   1-29  county attorney, the attorney general may provide assistance in the
   1-30  prosecution of all manner of criminal cases, including
   1-31  participation by an assistant attorney general as an assistant
   1-32  prosecutor when so appointed by the district attorney, criminal
   1-33  district attorney, or county attorney.
   1-34        (b)  A district attorney, criminal district attorney, or
   1-35  county attorney may appoint and deputize an assistant attorney
   1-36  general as assistant prosecutor to provide assistance in the
   1-37  prosecution of criminal cases, including the performance of any
   1-38  duty imposed by law on the district attorney, criminal district
   1-39  attorney, or county attorney.
   1-40        (c)  Nothing in this section shall prohibit an assistant
   1-41  attorney general from appointment as attorney pro tem under the
   1-42  provisions of Article 2.07, Code of Criminal Procedure.
   1-43        SECTION 3.  Section 41.102, Government Code, is amended to
   1-44  read as follows:
   1-45        Sec. 41.102.  EMPLOYMENT OF ASSISTANTS AND PERSONNEL.  (a)  A
   1-46  prosecuting attorney may employ the assistant prosecuting
   1-47  attorneys, investigators, secretaries, and other office personnel
   1-48  that in his judgment are required for the proper and efficient
   1-49  operation and administration of the office.
   1-50        (b)  A prosecuting attorney may request the assistance of the
   1-51  attorney general in the prosecution of all manner of criminal cases
   1-52  or in performing any duty imposed by law on the prosecuting
   1-53  attorney.  In requesting such assistance, a prosecuting attorney
   1-54  may appoint any assistant attorney general as an assistant
   1-55  prosecuting attorney.
   1-56        SECTION 4.  Chapter 574, Government Code, is amended by
   1-57  adding Section 574.004 to read as follows:
   1-58        Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL.  Nothing in
   1-59  this chapter shall prevent the attorney general from providing
   1-60  assistance to district attorneys, criminal district attorneys, and
   1-61  county attorneys on request by allowing assistant attorneys general
   1-62  to serve as duly appointed and deputized assistant prosecutors, nor
   1-63  shall this chapter prohibit the appointment of an assistant
   1-64  attorney general as an attorney pro tem pursuant to Article 2.07,
   1-65  Code of Criminal Procedure.
   1-66        SECTION 5.  Money credited to the attorney general account
   1-67  and the attorney general law enforcement account are hereby
   1-68  appropriated.  Unexpended balances credited to the accounts at the
    2-1  end of a biennium are carried over to the next successive biennium.
    2-2        SECTION 6.  This Act takes effect September 1, 1995.
    2-3        SECTION 7.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.
    2-8                               * * * * *