By Hartnett                                      H.B. No. 973

      75R764 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the waiver of trial by jury by a defendant charged with

 1-3     a misdemeanor.

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

 1-5           SECTION 1.  Article 1.13(c), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (c)  Before a defendant who has no attorney, other than a

 1-8     defendant charged with a misdemeanor, can agree to waive the jury,

 1-9     the court must appoint an attorney to represent him.

1-10           SECTION 2.  The change in law made by this Act applies to the

1-11     trial of an offense that commences on or after the effective date

1-12     of this Act.  A trial that commences before the effective date of

1-13     this Act is covered by the law in effect when the trial commences,

1-14     and the former law is continued in effect for this purpose.

1-15           SECTION 3.  This Act takes effect September 1, 1997.

1-16           SECTION 4.  The importance of this legislation and the

1-17     crowded condition of the calendars in both houses create an

1-18     emergency and an imperative public necessity that the

1-19     constitutional rule requiring bills to be read on three several

1-20     days in each house be suspended, and this rule is hereby suspended.