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 The rulemaking authority granted to the court of 1-13 criminal appeals under Section 22.108, Government Code, is 1-14 withdrawn with respect to rules of appellate procedure relating to 1-15 granting a new trial on the grounds of evidence other than material 1-16 evidence discovered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.