By Eiland                                              H.B. No. 743
         76R491 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exclusion of a witness who is a peace officer in
 1-3     charge of the investigation of the criminal charges filed in a case
 1-4     from hearing the testimony of other witnesses in the case.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 36.05, Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           Art. 36.05.  NOT TO HEAR TESTIMONY.  (a)  Witnesses under
 1-9     rule shall be attended by an officer, and all their reasonable
1-10     wants provided for, unless the court, in its discretion, directs
1-11     that they be allowed to go at large;  but in no case where the
1-12     witnesses are under rule shall they be allowed to hear any
1-13     testimony in the case.
1-14           (b)  The court may not place under rule a witness who is a
1-15     peace officer in charge of the investigation of the criminal
1-16     charges filed in the  case.
1-17           SECTION 2.  Under the terms of Section 22.109(b), Government
1-18     Code, Rule 614, Texas Rules of Evidence, is disapproved to the
1-19     extent that Rule 614 permits the exclusion of a witness who is a
1-20     peace officer in charge of the investigation of the criminal
1-21     charges filed in the case from hearing the testimony of other
1-22     witnesses in the case.
1-23           SECTION 3.  This Act takes effect September 1, 1999, and
1-24     applies to all proceedings occurring on or after the effective date
 2-1     of this Act.
 2-2           SECTION 4.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.