HBA-GUM, KMH H.B. 234 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 234
By: Keel
Criminal Jurisprudence
56/8/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law established a search warrant
affidavit as a public record upon execution of the warrant. Due to a lack
of specificity regarding where the records are to be made available, some
counties had failed to make the records available for review at all.  H.B.
234 clarifies the former law by specifying that the records will be made
available in the office of the magistrate's clerk during regular business
hours. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 18.01(b), Code of Criminal Procedure, by
requiring the magistrate's 6/21/1999 affidavit made for the purposes of
securing a search warrant. 

SECTION 2.  Emergency clause.
                       Effective date: upon passage.