By Keel H.B. No. 1246 76R5578 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to making arrest warrants and certain affidavits made in 1-3 connection with the issuance of arrest warrants available for 1-4 public inspection. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 15.26, Code of Criminal Procedure, is 1-7 amended to read as follows: 1-8 Art. 15.26. Authority to Arrest Must be Made Known. In 1-9 executing a warrant of arrest, it shall always be made known to the 1-10 accused under what authority the arrest is made. The warrant shall 1-11 be executed by the arrest of the defendant. The officer need not 1-12 have the warrant in his possession at the time of the arrest, 1-13 provided the warrant was issued under the provisions of this Code, 1-14 but upon request he shall show the warrant, and any affidavit filed 1-15 with the magistrate and related to the issuance of the warrant, to 1-16 the defendant as soon as possible. If the officer does not have 1-17 the warrant in his possession at the time of arrest he shall then 1-18 inform the defendant of the offense charged and of the fact that a 1-19 warrant has been issued. The arrest warrant, and any affidavit 1-20 filed with the magistrate and related to the issuance of the 1-21 warrant, is public information beginning immediately when the 1-22 warrant is executed, and the magistrate's clerk and the attorney 1-23 representing the state in the prosecution of the case shall make a 1-24 copy of the warrant and the affidavit available in the clerk's or 2-1 attorney's office during normal business hours. 2-2 SECTION 2. 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, 2-7 and that this Act take effect and be in force from and after its 2-8 passage, and it is so enacted.