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.