By:  Hartnett                                         H.B. No. 1505
       73R4990 DRH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to grounds for a new trial in a criminal case.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 40, Code of Criminal Procedure, is
    1-5  amended by adding Article 40.001 to read as follows:
    1-6        Art. 40.001.  NEW TRIAL ON MATERIAL EVIDENCE.  A new trial
    1-7  shall be granted an accused where material evidence favorable to
    1-8  the accused has been discovered since trial.
    1-9        SECTION 2.  Under the terms of Section 22.108(b), Government
   1-10  Code, Rule 30(b)(6), Texas Rules of Appellate Procedure, is
   1-11  disapproved.
   1-12        SECTION 3.  The rulemaking authority granted to the court of
   1-13  criminal appeals under Section 22.108, Government Code, is
   1-14  withdrawn with respect to rules of appellate procedure relating to
   1-15  granting a new trial on the grounds of evidence other than material
   1-16  evidence discovered after the trial of an offense.
   1-17        SECTION 4.  (a)  The change in law made by this Act applies
   1-18  only to a new trial for an offense committed on or after the
   1-19  effective date of this Act.  For purposes of this section, an
   1-20  offense is committed before the effective date of this Act if any
   1-21  element of the offense occurs before the effective date.
   1-22        (b)  A new trial for an offense committed before the
   1-23  effective date of this Act is covered by the law in effect when the
   1-24  offense was committed, and the former law is continued in effect
    2-1  for this purpose.
    2-2        SECTION 5.  This Act takes effect September 1, 1993.
    2-3        SECTION 6.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency   and   an   imperative   public   necessity   that   the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.