BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1244

                                                                                                                                      By: Whitmire

Criminal Justice

4/14/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, investigators employed by a prosecuting attorney have the authority to serve numerous documents, including warrants, subpoenas, and processes, in criminal cases.  However, the authority to serve documents in civil cases is not explicit.

As proposed, S.B. 1244 ensures that investigators employed by a prosecuting attorney have the authority to serve warrants, subpoenas, and other processes in civil cases. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.109(a), Government Code, to provide that an investigator appointed by a prosecuting attorney has the same authority as the sheriff of the county to perform processes in civil cases issued by a district court, county court, or justice court of this state.

SECTION 2.  Effective date: upon passage or September 1, 2007.