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.