By Dunnam, et al.                                      H.B. No. 515

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the waiver of a trial by jury.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 1.13(a), Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           (a)  The defendant in a criminal prosecution for any offense

 1-7     other than a capital felony case in which the State notifies the

 1-8     court and the defendant that it will seek the death penalty shall

 1-9     have the right, upon entering a plea, to waive the right of trial

1-10     by jury, conditioned, however, that such waiver must be made in

1-11     person by the defendant in writing in open court with the consent

1-12     and approval of the court, and if the offense is a felony, with the

1-13     consent and approval of the attorney representing the State.  The

1-14     consent and approval by the court shall be entered of record on the

1-15     minutes of the court, and the consent and approval of the attorney

1-16     representing the State, if required by this subsection, shall be in

1-17     writing, signed by him, and filed in the papers of the cause before

1-18     the defendant enters his plea.

1-19           SECTION 2.  Article 1.13(c), Code of Criminal Procedure, is

1-20     amended to read as follows:

1-21           (c)  A defendant may agree to waive a jury trial regardless

 2-1     of whether the defendant is represented by an attorney at the time

 2-2     of making the waiver, but before [Before] a defendant charged with

 2-3     a felony who has no attorney can agree to waive the jury, the court

 2-4     must appoint an attorney to represent him.

 2-5           SECTION 3.  The change in law made by this Act applies only

 2-6     to the trial of an offense that commences on or after the effective

 2-7     date of this Act, whether the trial is for an offense committed

 2-8     before, on, or after the effective date of this Act.

 2-9           SECTION 4.  This Act takes effect September 1, 1997.

2-10           SECTION 5.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.