By Keel                                                H.B. No. 511
         77R2634 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to making arrest warrants and certain affidavits made in
 1-3     support of the issuance of arrest warrants available for public
 1-4     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
1-15     presented to the magistrate in support of the issuance of the
1-16     warrant, to the defendant as soon as possible.  If the officer does
1-17     not have the warrant in his possession at the time of arrest he
1-18     shall then inform the defendant of the offense charged and of the
1-19     fact that a warrant has been issued.  The arrest warrant, and any
1-20     affidavit presented to the magistrate in support of the issuance of
1-21     the warrant, is public information, and beginning immediately when
1-22     the warrant is executed the magistrate's clerk shall make a copy of
1-23     the warrant and the affidavit available for public inspection in
1-24     the clerk's office during normal business hours.
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.