88R2674 JCG-D
 
  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.  Article 46B.084, Code of Criminal Procedure, is
  amended by adding Subsection (d-2) to read as follows:
         (d-2)  Notwithstanding Subsection (d), if the defendant is
  found competent to stand trial, the court not later than the 30th
  day after the date of that finding shall set a trial date for the
  case.
         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 timely set a
  trial date for a case as required by Article 46B.084(d-2), Code of
  Criminal Procedure.
         SECTION 6.  Articles 26.04, 26.05, and 46B.084, 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.