BILL ANALYSIS



H.B. 1247
By: Cuellar, Henry
05-01-95
Committee Report (Unamended)


BACKGROUND

The Code of Criminal Procedures, Chapter 26, Article 26.06 states
that no court may appoint an elected county, district or state
official to represent a person accused of a crime.  This bill adds
to the list of people that should not be appointed to represent a
person accused of a crime.  A full-time employee of the state or a
political subdivision of the state do not presently practice in
criminal courts or would be in conflict in representing those
accused of a crime.

PURPOSE

If enacted, H.B. 1247 would specify that a court may not appoint an
attorney who is a full-time employee of the state or a political
subdivision of the state to represent an indigent defendant or
inmate.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26, Code of Criminal Procedure, by
adding Article 26.061.

Art. 26.061.  ATTORNEYS EMPLOYED BY STATE OR POLITICAL SUBDIVISION. 
The court may not appoint an attorney who is a full-time employee
of the state or a political subdivision of the state to represent
an indigent defendant or inmate.

SECTION 2.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1247 was considered by the full committee in a public hearing on
May 1, 1995.  HB 1247 was reported favorably without amendment with
the recommendation that it do pass and be printed and be sent to
the Committee on Local and Consent Calendars, by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.