By Coleman H.B. No. 1752
76R2900 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the compensation of certain private investigators and
1-3 witnesses who are retained by appointed counsel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 26.05, Code of Criminal Procedure, is
1-6 amended by adding Subsection (f) to read as follows:
1-7 (f) Reimbursement of expenses incurred for purposes of
1-8 investigation or expert testimony may be paid directly to a private
1-9 investigator licensed under the Private Investigators and Private
1-10 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-11 Statutes) or to an expert witness in the manner designated by
1-12 appointed counsel and approved by the court.
1-13 SECTION 2. Article 26.052, Code of Criminal Procedure, is
1-14 amended by amending Subsections (g) and (l) to read as follows:
1-15 (g) The court shall grant the request for advance payment of
1-16 expenses in whole or in part if the request is reasonable. If the
1-17 court denies in whole or in part the request for expenses, the
1-18 court shall:
1-19 (1) state the reasons for the denial in writing,
1-20 including any ground on which the court relies for a determination
1-21 that the amount requested is unreasonable;
1-22 (2) attach the denial to the confidential request; and
1-23 (3) submit the request and denial as a sealed exhibit
1-24 to the record.
2-1 (l) An attorney appointed under this article to represent a
2-2 defendant at trial or on direct appeal is compensated as provided
2-3 by Article 26.05 from county funds. Advance payment of expenses
2-4 anticipated or reimbursement of expenses incurred for purposes of
2-5 investigation or expert testimony may be paid directly to a private
2-6 investigator licensed under the Private Investigators and Private
2-7 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-8 Statutes) or to an expert witness in the manner designated by
2-9 appointed counsel and approved by the court.
2-10 SECTION 3. This Act takes effect September 1, 1999.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.