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.