| |
| |
| |
|
|
AN ACT
|
|
|
relating to the procedures governing the prosecution of misdemeanor |
|
|
offenses in the jurisdiction of the justice and municipal courts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 45.031, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 45.031. COUNSEL FOR STATE NOT PRESENT. (a) If the |
|
|
state is not represented by counsel when the case is called for |
|
|
trial, the justice or judge may: |
|
|
(1) postpone the trial to a date certain; |
|
|
(2) appoint any competent attorney as an attorney pro |
|
|
tem [as provided by this code] to represent the state, |
|
|
notwithstanding Article 2.07; or |
|
|
(3) proceed to trial. |
|
|
(b) An attorney appointed under Subsection (a) is qualified |
|
|
to perform the duties of the office of the attorney representing the |
|
|
state and may be paid a reasonable fee for performing those duties. |
|
|
SECTION 2. Article 45.031, Code of Criminal Procedure, as |
|
|
amended by this Act, applies only to a trial that begins on or after |
|
|
the effective date of this Act, regardless of whether the alleged |
|
|
offense was committed before, on, or after that date. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1603 was passed by the House on April |
|
|
26, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1603 was passed by the Senate on May |
|
|
23, 2023, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |