By: Rose H.B. No. 1383

A BILL TO BE ENTITLED

AN ACT

relating to procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 26.04(k), Code of Criminal Procedure, is amended to read as follows:

(k) A court may replace with other counsel an attorney who violates Subsection (j)(1) or fails to timely meet and confer with a defendant as required by Article 46B.084(a)(1) [with other counsel]. A majority of the judges of the county courts and statutory county courts or the district courts, as appropriate, trying criminal cases in the county may remove from consideration for appointment an attorney who intentionally or repeatedly violates Subsection (j)(1) or Article 46B.084(a)(1).

SECTION 2. Article 26.05, Code of Criminal Procedure, is amended by adding Subsection (i) to read as follows:

(i) The judge presiding over the proceedings or the director of a managed assigned counsel program under Article 26.047, as applicable, may disapprove a payment requested under this article for services performed for a case in which the appointed counsel fails to timely meet and confer with the defendant as required by Article 46B.084(a)(1). On the appointed counsel's compliance with the meet and confer requirement, the presiding judge or director, as applicable, shall pay to the counsel the amount otherwise approved under this article and may not continue to disapprove the requested payment based solely on the disapproval permitted by this subsection.

SECTION 3. Section 23.101(a), Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b-1), the trial courts of this state shall regularly and frequently set hearings and trials of pending matters, giving preference to hearings and trials of the following:

(1) temporary injunctions;

(2) criminal actions, with the following actions given preference over other criminal actions:

(A) criminal actions against defendants who are detained in jail pending trial;

(B) criminal actions involving a charge that a person committed an act of family violence, as defined by Section 71.004, Family Code;

(C) an offense under:

(i) Section 21.02 or 21.11, Penal Code;

(ii) Chapter 22, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iii) Section 25.02, Penal Code, if the victim of the alleged offense is younger than 17 years of age;

(iv) Section 25.06, Penal Code;

(v) Section 43.25, Penal Code; or

(vi) Section 20A.02(a)(7), 20A.02(a)(8), or 20A.03, Penal Code;

(D) an offense described by Article 62.001(6)(C) or (D), Code of Criminal Procedure; [and]

(E) criminal actions against persons who are detained as provided by Section 51.12, Family Code, after transfer for prosecution in criminal court under Section 54.02, Family Code; and

(F) criminal actions in which a defendant is found competent to stand trial under Article 46B.084, Code of Criminal Procedure;

(3) election contests and suits under the Election Code;

(4) orders for the protection of the family under Subtitle B, Title 4, Family Code;

(5) appeals of final rulings and decisions of the division of workers' compensation of the Texas Department of Insurance regarding workers' compensation claims and claims under the Federal Employers' Liability Act and the Jones Act;

(6) appeals of final orders of the commissioner of the General Land Office under Section 51.3021, Natural Resources Code;

(7) actions in which the claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis; and

(8) appeals brought under Section 42.01 or 42.015, Tax Code, of orders of appraisal review boards of appraisal districts established for counties with a population of less than 175,000.

SECTION 4. Section 33.032(a), Government Code, is amended to read as follows:

(a) Except as otherwise provided by this section and Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the papers filed with and proceedings before the commission are confidential prior to the filing of formal charges.

SECTION 5. Subchapter B, Chapter 33, Government Code, is amended by adding Section 33.0325 to read as follows:

Sec. 33.0325. PUBLIC PAPERS AND PROCEEDINGS RELATED TO CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers filed with and proceedings held before the commission in connection with the investigation and resolution of the following complaints filed with the commission shall be public information:

(1) a complaint alleging a judge failed to timely notify the attorney representing the state or the attorney for the defendant of a defendant's return, as required by Article 46B.084(a)(1), Code of Criminal Procedure; and

(2) a complaint alleging a judge failed to give preference to a criminal action described by Section 23.101(a)(2)(F) as required by that section.

SECTION 6. Articles 26.04 and 26.05, Code of Criminal Procedure, as amended by this Act, apply to a criminal case in which the indictment or information is filed before, on, or after the effective date of this Act.

SECTION 7. Section 33.0325, Government Code, as added by this Act, applies only to a complaint filed on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law in effect on the date the complaint was filed, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2023.