S.B. No. 109
                                        AN ACT
    1-1  relating to presentence and postsentence reports in certain
    1-2  criminal cases.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 9, Article 42.12, Code of Criminal
    1-5  Procedure, is amended by amending Subsection (g) and adding
    1-6  Subsection (k) to read as follows:
    1-7        (g)  Unless requested by the defendant, a judge is not
    1-8  required to direct an officer to prepare a presentence report in a
    1-9  felony case under this section if:
   1-10              (1)  punishment is to be assessed by a jury;
   1-11              (2)  the defendant is convicted of or enters a plea of
   1-12  guilty or nolo contendere to capital murder;
   1-13              (3)  the only available punishment is imprisonment; or
   1-14              (4)  the judge is informed that a plea bargain
   1-15  agreement exists under which the defendant agrees to a punishment
   1-16  of imprisonment and the judge intends to follow the agreement <The
   1-17  probation officer making a report under this section shall send a
   1-18  copy of the report to an institution to which the defendant is
   1-19  committed>.
   1-20        (k)  If a presentence report in a felony case is not required
   1-21  under this section, the judge shall direct the officer to prepare a
   1-22  postsentence report containing the same information that would have
   1-23  been required for the presentence report, other than a proposed
   1-24  client supervision plan and any information that is reflected in
    2-1  the judgment.  The officer shall send the postsentence report to
    2-2  the clerk of the court not later than the 30th day after the date
    2-3  on which sentence is pronounced or deferred adjudication is
    2-4  granted, and the clerk shall file the postsentence report with the
    2-5  papers in the case.
    2-6        SECTION 2.  (a)  The change in law made by this Act applies
    2-7  only to a defendant charged with an offense committed on or after
    2-8  the effective date of this Act.  For purposes of this section, an
    2-9  offense is committed before the effective date of this Act if any
   2-10  element of the offense occurs before the effective date.
   2-11        (b)  A defendant who commits an offense before the effective
   2-12  date of this Act is covered by the law in effect when the offense
   2-13  was committed, and the former law is continued in effect for this
   2-14  purpose.
   2-15        SECTION 3.  This Act takes effect September 1, 1993.
   2-16        SECTION 4.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended.