By Cuellar                                             H.B. No. 908

         75R8340 KEL-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of counsel to represent a defendant in

 1-3     a criminal case.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 26.06, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 26.06.  PUBLIC OFFICIALS AND EMPLOYEES [ELECTED

 1-8     OFFICIALS] NOT TO BE APPOINTED.  No court may appoint a [an

 1-9     elected] county, district, or state official or employee to

1-10     represent a person accused of crime, unless the official or

1-11     employee has notified the court of his availability for

1-12     appointment.  If an official or employee has notified the court of

1-13     his availability and is appointed as counsel, he may decline the

1-14     appointment if he determines that it is in the best interest of his

1-15     office or employment to do so.  Nothing in this Code shall modify

1-16     any statutory provision for legislative continuance.

1-17           SECTION 2.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended,

1-22     and that this Act take effect and be in force from and after its

1-23     passage, and it is so enacted.