AEZ C.S.H.B. 908 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 908 By: Cuellar 3-5-97 Committee Report (Substituted) BACKGROUND Currently, courts may appoint any attorney to represent indigent persons including attorneys who are full-time government employees. PURPOSE HB 908, if enacted, would prevent courts from appointing public officials and employees from being appointed to represent a person accused of a crime without notification of availability. 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 26.06, Code of Criminal Procedure, ELECTED OFFICIALS, by changing the caption to PUBLIC OFFICIALS AND EMPLOYEES. No court may appoint an employee of a county, district or state to represent a person accused of crime unless the court has been notified of the employee's availability by the employee. Section 2: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill amended Chapter 26 of the Code of Criminal Procedure by adding a subsection 26.061 which would have prohibited a court from appointing an attorney who is a full-time employee of the state or a political subdivision of the state, other than a public defender, to represent an indigent defendant or inmate. The substitute amends Article 26.06 of the Code of Criminal Procedure by deleting elected officials from those not being appointed by a court, and changing the caption to read PUBLIC OFFICIALS AND EMPLOYEES. The substitute does not allow a court to appoint an employee of a state, county, or district government unless the employee notifies the court of availability to be appointed as counsel.