By Patterson                                           S.B. No. 412
       74R3123 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the use of state funds or services by certain private
    1-3  entities for the legal representation of an inmate sentenced to
    1-4  death.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 26, Code of Criminal Procedure, is
    1-7  amended by adding Article 26.052 to read as follows:
    1-8        Art. 26.052.  RESTRICTION ON USE OF STATE FUNDS OR SERVICES
    1-9  FOR REPRESENTATION OF CERTAIN INMATES.  (a)  Notwithstanding any
   1-10  other provision of law, a private nonprofit entity may not receive
   1-11  or use state funds or services to provide to an inmate sentenced to
   1-12  death representation by counsel or other assistance in a habeas
   1-13  corpus appeal.
   1-14        (b)  In this article:
   1-15              (1)  "Private nonprofit entity" means a private
   1-16  nonprofit entity such as the Texas Appellate Practice and Education
   1-17  Resource Center whose primary purpose is providing legal
   1-18  representation to indigent inmates or defendants.
   1-19              (2)  "Services" includes legal assistance provided
   1-20  through a program or clinic of a public university.
   1-21        SECTION 2.  The change in law made by this Act applies only
   1-22  to state funds or services received on or after the effective date
   1-23  of this Act.  State funds or services received before the effective
   1-24  date of this Act are covered by the law in effect when the funds or
    2-1  services were received, and the former law is continued in effect
    2-2  for that purpose.
    2-3        SECTION 3.  This Act takes effect September 1, 1995.
    2-4        SECTION 4.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.