By Hilderbran H.B. No. 3382
76R5041 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of reserve law enforcement officers as
1-3 investigators by prosecuting attorneys.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.101, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 41.101. DEFINITIONS [DEFINITION]. In this subchapter:
1-8 (1) "Prosecuting [, "prosecuting] attorney" means a
1-9 county attorney, district attorney, or criminal district attorney.
1-10 (2) "Reserve law enforcement officer" has the meaning
1-11 assigned by Section 415.001.
1-12 SECTION 2. Section 41.102, Government Code, is amended by
1-13 adding Subsections (c), (d), and (e) to read as follows:
1-14 (c) A prosecuting attorney may appoint a reserve law
1-15 enforcement officer to serve as an investigator. A reserve law
1-16 enforcement officer may serve as an investigator during the
1-17 discharge of the officer's official investigative duties.
1-18 (d) A prosecuting attorney may call a reserve law
1-19 enforcement officer appointed to serve as an investigator into
1-20 service if the prosecuting attorney considers the service necessary
1-21 for the proper and efficient operation and administration of the
1-22 attorney's office.
1-23 (e) A reserve law enforcement officer appointed as an
1-24 investigator by a prosecuting attorney serves at the discretion of
2-1 the prosecuting attorney.
2-2 SECTION 3. Section 41.104, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 41.104. BOND. A prosecuting attorney may require the
2-5 attorney's [his] assistant prosecuting attorneys, investigators,
2-6 reserve law enforcement officers serving as investigators, and
2-7 secretaries to have a bond in the amount that the prosecuting
2-8 attorney sets.
2-9 SECTION 4. Section 41.109, Government Code, is amended by
2-10 adding Subsection (d) to read as follows:
2-11 (d) A reserve law enforcement officer who is actively
2-12 serving as an investigator has the same rights, privileges, and
2-13 duties as any other investigator of the prosecuting attorney.
2-14 SECTION 5. This Act takes effect September 1, 1999.
2-15 SECTION 6. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.