By Hunter                                       H.B. No. 1358

      75R4408 KEL-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requisition for the return of a person charged with

 1-3     crime in this state.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subdivision 3, Section 23, Article 51.13, Code of

 1-6     Criminal Procedure, is amended to read as follows:

 1-7           Subdiv. 3.  The application shall be verified by affidavit,

 1-8     shall be executed in duplicate and shall be accompanied by two

 1-9     certified copies of the indictment returned, or information and

1-10     affidavit filed, or of the complaint made to the judge or

1-11     magistrate, stating the offense with which the accused is charged,

1-12     or of the judgment of conviction or of the sentence.  The

1-13     prosecuting officer, parole board, warden or sheriff may also

1-14     attach such further affidavits and other documents in duplicate as

1-15     he shall deem proper to be submitted with such application.  One

1-16     copy of the application, with the action of the Governor indicated

1-17     by endorsement thereon, and one of the certified copies of the

1-18     indictment, complaint, information, and affidavits, or of the

1-19     judgment of conviction or of the sentence shall be filed in the

1-20     office of the Governor [Secretary of State to remain on record in

1-21     that office].  The other copies of all papers shall be forwarded

1-22     with the Governor's requisition.

1-23           SECTION 2.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.