AN ACT
 1-1     relating to the duties of and procedures affecting a court clerk
 1-2     with respect to certain criminal matters.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (a) and (b), Article 2.21, Code of
 1-5     Criminal Procedure, are amended to read as follows:
 1-6           (a)  In a criminal proceeding, a [Each] clerk of the district
 1-7     or county court shall:
 1-8                 (1)  receive and file all papers;
 1-9                 (2)  receive all [and] exhibits at the conclusion of
1-10     the proceeding;
1-11                 (3)  [in respect to criminal proceedings,] issue all
1-12     process; [in such cases,] and
1-13                 (4)  perform all other duties imposed on the clerk
1-14     [upon them] by law.
1-15           (b)  At any time during or after a criminal proceeding, the
1-16     court reporter shall release to the sheriff for safekeeping any
1-17     [Any] firearm or contraband received by the [a] court as an exhibit
1-18     in that [any criminal] proceeding [shall be placed in the hands of
1-19     the sheriff for safekeeping at any time during the pendency of such
1-20     proceeding or thereafter].
1-21           SECTION 2.  Subsection (b), Section 3, Article 11.07, Code of
1-22     Criminal Procedure, is amended to read as follows:
1-23           (b)  An [Whenever an] application for writ of habeas corpus
1-24     [is] filed after final conviction in a felony case, other than a
 2-1     case in which the death penalty is imposed, must be filed with the
 2-2     clerk of the court in which the conviction being challenged was
 2-3     obtained, and the clerk shall [transfer or] assign the application
 2-4     [it] to that [the] court [in which the conviction being challenged
 2-5     was obtained].  When the application is received by that court, a
 2-6     writ of habeas corpus, returnable to the Court of Criminal Appeals,
 2-7     shall issue by operation of law.  The clerk of that court shall
 2-8     make appropriate notation thereof, assign to the case a file number
 2-9     (ancillary to that of the conviction being challenged), and forward
2-10     [send] a copy of the application by certified mail, return receipt
2-11     requested, or by personal service to the attorney representing the
2-12     state in that court, who shall [have 15 days in which it may]
2-13     answer the application not later than the 15th day after the date
2-14     the copy of the application is received.  Matters alleged in the
2-15     application not admitted by the state are deemed denied.
2-16           SECTION 3.  Article 20.22, Code of Criminal Procedure, is
2-17     amended to read as follows:
2-18           Art. 20.22.  PRESENTMENT ENTERED OF RECORD.  The fact of a
2-19     presentment of indictment by a grand jury shall be entered upon the
2-20     minutes of the court, if the defendant is in custody or under bond,
2-21     noting briefly the style of the criminal action and the file number
2-22     of the indictment and the defendant's name.  If the defendant is
2-23     not in custody or under bond at the time of the presentment of
2-24     indictment, the entry in the minutes of the court relating to said
2-25     indictment shall be delayed until such time as the capias is served
2-26     and the defendant is placed in custody or under bond[, but omitting
 3-1     the name of the defendant, unless he is in custody or under bond].
 3-2           SECTION 4.  Subsection (a), Article 24.03, Code of Criminal
 3-3     Procedure, is amended to read as follows:
 3-4           (a)  Before the clerk or his deputy shall be required or
 3-5     permitted to issue a subpoena in any felony case pending in any
 3-6     district or criminal district court of this State of which he is
 3-7     clerk or deputy, the defendant or his attorney or the State's
 3-8     attorney shall make [written, sworn] application to such clerk for
 3-9     each witness desired.  Such application shall state the name of
3-10     each witness desired, the location and vocation, if known, and that
3-11     the testimony of said witness is material to the State or to the
3-12     defense.  The application must be filed with the clerk and placed
3-13     with the papers in the cause or, if the application is filed
3-14     electronically, placed with any other electronic information linked
3-15     to the number of the cause.  The application must also be [and]
3-16     made available to both the State and the defendant.  Except as
3-17     provided by Subsection (b) of this article, as far as is practical
3-18     such clerk shall include in one subpoena the names of all witnesses
3-19     for the State and for defendant, and such process shall show that
3-20     the witnesses are summoned for the State or for the defendant.
3-21     When a witness has been served with a subpoena, attached or placed
3-22     under bail at the instance of either party in a particular case,
3-23     such execution of process shall inure to the benefit of the
3-24     opposite party in such case in the event such opposite party
3-25     desires to use such witness on the trial of the case, provided that
3-26     when a witness has once been served with a subpoena, no further
 4-1     subpoena shall be issued for said witness.
 4-2           SECTION 5.  Article 24.04, Code of Criminal Procedure, is
 4-3     amended to read as follows:
 4-4           Art. 24.04.  SERVICE AND RETURN OF SUBPOENA.  (a)  A subpoena
 4-5     is served by:
 4-6                 (1)  reading the subpoena in the hearing of the
 4-7     witness;
 4-8                 (2)  delivering a copy of the subpoena to the witness;
 4-9     [or]
4-10                 (3)  electronically transmitting a copy of the
4-11     subpoena, acknowledgment of receipt requested, to the last known
4-12     electronic address of the witness; or
4-13                 (4)  mailing a copy of the subpoena by certified mail,
4-14     return receipt requested, to the last known address of the witness
4-15     unless:
4-16                       (A)  the applicant for the subpoena requests in
4-17     writing that the subpoena not be served by certified mail; or
4-18                       (B)  the proceeding for which the witness is
4-19     being subpoenaed is set to begin within seven business days after
4-20     the date the subpoena would be mailed.
4-21           (b)  The officer having the subpoena shall make due return
4-22     thereof, showing the time and manner of service, if served under
4-23     Subsection (a)(1) or (2) of this article, the acknowledgment of
4-24     receipt, if served under Subsection (a)(3) of this article, or the
4-25     return receipt, if served under Subsection (a)(4) [(a)(3)] of this
4-26     article.  If the subpoena is not served, the officer shall show in
 5-1     his return the cause of his failure to serve it.  If receipt of an
 5-2     electronically transmitted subpoena is not acknowledged within a
 5-3     reasonable time or a mailed subpoena is returned undelivered, the
 5-4     officer shall use due diligence to locate and serve the witness.
 5-5     If the witness could not be found, the officer shall state the
 5-6     diligence he has used to find him, and what information he has as
 5-7     to the whereabouts of the witness.
 5-8           (c)  A subpoena served under Subsection (a)(3) of this
 5-9     article must be accompanied by notice that an acknowledgment of
5-10     receipt of the subpoena must be made in a manner enabling
5-11     verification of the person acknowledging receipt.
5-12           SECTION 6.  Section 2, Article 42.01, Code of Criminal
5-13     Procedure, is amended to read as follows:
5-14           Sec. 2.  The judge may order [the clerk of the court,] the
5-15     prosecuting attorney, or the attorney or attorneys representing any
5-16     defendant, or the court clerk under the supervision of an attorney,
5-17     to prepare the judgment, or the court may prepare the same.
5-18           SECTION 7.  Section 5, Article 42.12, Code of Criminal
5-19     Procedure, is amended by adding Subsection (e) to read as follows:
5-20           (e)  A record in the custody of the court clerk regarding a
5-21     case in which a person is granted deferred adjudication is not
5-22     confidential.
5-23           SECTION 8.  Subsections (h) and (j), Section 13, Article
5-24     42.12, Code of Criminal Procedure, are amended to read as follows:
5-25           (h)  If a person convicted of an offense under Sections
5-26     49.04-49.08, Penal Code, is placed on community supervision, the
 6-1     judge shall require, as a condition of the community supervision,
 6-2     that the defendant attend and successfully complete before the
 6-3     181st day after the day community supervision is granted an
 6-4     educational program jointly approved by the Texas Commission on
 6-5     Alcohol and Drug Abuse, the Department of Public Safety, the
 6-6     Traffic Safety Section of the Texas Department of Transportation,
 6-7     and the community justice assistance division of the Texas
 6-8     Department of Criminal Justice designed to rehabilitate persons who
 6-9     have driven while intoxicated.  The Texas Commission on Alcohol and
6-10     Drug Abuse shall publish the jointly approved rules and shall
6-11     monitor, coordinate, and provide training to persons providing the
6-12     educational programs.  The Texas Commission on Alcohol and Drug
6-13     Abuse is responsible for the administration of the certification of
6-14     approved educational programs and may charge a nonrefundable
6-15     application fee for the initial certification of approval and for
6-16     renewal of a certificate.  The judge may waive the educational
6-17     program requirement or may grant an extension of time to
6-18     successfully complete the program that expires not later than one
6-19     year after the beginning date of the person's community supervision
6-20     [probation], however, if the defendant by a motion in writing shows
6-21     good cause.  In determining good cause, the judge may consider but
6-22     is not limited to:  the defendant's school and work schedule, the
6-23     defendant's health, the distance that the defendant must travel to
6-24     attend an educational program, and the fact that the defendant
6-25     resides out of state, has no valid driver's license, or does not
6-26     have access to transportation.  The judge shall set out the finding
 7-1     of good cause for waiver in the judgment.  If a defendant is
 7-2     required, as a condition of community supervision, to attend an
 7-3     educational program or if the court waives the educational program
 7-4     requirement, the court clerk shall immediately report that fact to
 7-5     the Department of Public Safety, on a form prescribed by the
 7-6     department, for inclusion in the person's driving record.  If the
 7-7     court grants an extension of time in which the person may complete
 7-8     the program, the court clerk shall immediately report that fact to
 7-9     the Department of Public Safety on a form prescribed by the
7-10     department.  The report must include the beginning date of the
7-11     person's community supervision.  Upon the person's successful
7-12     completion of the educational program, the person's instructor
7-13     [person] shall give notice to the Department of Public Safety for
7-14     inclusion in the person's driving record and to the community
7-15     supervision and corrections department.  The community supervision
7-16     and corrections department shall then forward the notice to the
7-17     court clerk for filing.  [The court clerk shall then report the
7-18     date of successful completion of the educational program to the
7-19     Department of Public Safety for inclusion in the defendant's
7-20     driving record.]  If the Department of Public Safety [department]
7-21     does not receive notice that a defendant required to complete an
7-22     educational program has successfully completed the program within
7-23     the period required by this section, as shown on department
7-24     records, the department shall revoke the defendant's driver's
7-25     license, permit, or privilege or prohibit the person from obtaining
7-26     a license or permit, as provided by Sections 521.344(e) and (f),
 8-1     Transportation Code [Section 24(g)(2), Chapter 173, Acts of the
 8-2     47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
 8-3     Texas Civil Statutes)].  The Department of Public Safety
 8-4     [department] may not reinstate a license suspended under this
 8-5     subsection unless the person whose license was suspended makes
 8-6     application to the department for reinstatement of the person's
 8-7     license and pays to the department a reinstatement fee of $50.  The
 8-8     Department of Public Safety [department] shall remit all fees
 8-9     collected under this subsection to the comptroller for deposit in
8-10     the general revenue fund.  This subsection does not apply to a
8-11     defendant if a jury recommends community supervision for the
8-12     defendant and also recommends that the defendant's driver's license
8-13     not be suspended.
8-14           (j)  The judge shall require a defendant who is punished
8-15     under Section 49.09, Penal Code, as a condition of community
8-16     supervision, to attend and successfully complete an educational
8-17     program for repeat offenders approved by the Texas Commission on
8-18     Alcohol and Drug Abuse.  The Texas Commission on Alcohol and Drug
8-19     Abuse shall adopt rules and shall monitor, coordinate, and provide
8-20     training to persons providing the educational programs.  The Texas
8-21     Commission on Alcohol and Drug Abuse is responsible for the
8-22     administration of the certification of approved educational
8-23     programs and may charge a nonrefundable application fee for initial
8-24     certification of approval or for renewal of the certification.  The
8-25     judge may waive the educational program requirement only if the
8-26     defendant by a motion in writing shows good cause.  In determining
 9-1     good cause, the judge may consider the defendant's school and work
 9-2     schedule, the defendant's health, the distance that the defendant
 9-3     must travel to attend an educational program, and whether the
 9-4     defendant resides out of state or does not have access to
 9-5     transportation.  The judge shall set out the finding of good cause
 9-6     in the judgment.  If a defendant is required, as a condition of
 9-7     community supervision, to attend an educational program, the court
 9-8     clerk shall immediately report that fact to the Department of
 9-9     Public Safety, on a form prescribed by the department, for
9-10     inclusion in the defendant's driving record.  The report must
9-11     include the beginning date of the defendant's community
9-12     supervision.  On the defendant's successful completion of the
9-13     educational program for repeat offenders, the defendant's
9-14     instructor [defendant] shall give notice to the Department of
9-15     Public Safety for inclusion in the defendant's driving record and
9-16     to the community supervision and corrections department.  The
9-17     community supervision and corrections department shall then forward
9-18     the notice to the court clerk for filing.  [The court clerk shall
9-19     then report the date of successful completion of the educational
9-20     program to the Department of Public Safety for inclusion in the
9-21     defendant's driving record.]  If the Department of Public Safety
9-22     does not receive notice that a defendant required to complete an
9-23     educational program has successfully completed the program for
9-24     repeat offenders within the period required by the judge, as shown
9-25     on department records, the department shall revoke the defendant's
9-26     driver's license, permit, or privilege or prohibit the defendant
 10-1    from obtaining a license or permit, as provided by Sections
 10-2    521.344(e) and (f), Transportation Code [Section 24(g)(2), Chapter
 10-3    173, Acts of the 47th Legislature, Regular Session, 1941 (Article
 10-4    6687b, Vernon's Texas Civil Statutes)].
 10-5          SECTION 9.  Subsection (b), Section 521.342, Transportation
 10-6    Code, is amended to read as follows:
 10-7          (b)  The department shall suspend for one year the license of
 10-8    a person who is under 21 years of age and is convicted of an
 10-9    offense under Section 49.04, 49.07, or 49.08, Penal Code,
10-10    regardless of whether the person is required to attend an
10-11    educational program under Section 13(h), Article 42.12, Code of
10-12    Criminal Procedure, that is designed to rehabilitate persons who
10-13    have operated motor vehicles while intoxicated, unless the person
10-14    is placed under community supervision under that article and is
10-15    required as a condition of the community supervision to not operate
10-16    a motor vehicle unless the vehicle is equipped with the device
10-17    described by Section 13(i) of that article.  If the person is
10-18    required to attend such a program and does not complete the program
10-19    before the end of the person's suspension, the department shall
10-20    suspend the person's license or continue the suspension, as
10-21    appropriate, until the department receives proof that the person
10-22    has successfully completed the program.  On the person's successful
10-23    completion of the program, the person's instructor shall give
10-24    notice to the department and to the community supervision and
10-25    corrections [A person who completes the program may submit proof of
10-26    the completion to the clerk of the convicting court.  The clerk
 11-1    shall send the proof to the] department in the manner provided by
 11-2    Section 13(h), Article 42.12, Code of Criminal Procedure.
 11-3          SECTION 10.  Subsection (i), Section 521.344, Transportation
 11-4    Code, is amended to read as follows:
 11-5          (i)  On the date that a suspension order under Section
 11-6    521.343(c) is to expire, the period of suspension or the
 11-7    corresponding period in which the department is prohibited from
 11-8    issuing a license is automatically increased to two years unless
 11-9    the department receives notice of successful completion of the
11-10    educational program as required by Section 13, Article 42.12, Code
11-11    of Criminal Procedure.  At the time a person is convicted of an
11-12    offense under Section 49.04, Penal Code, the court shall warn the
11-13    person of the effect of this subsection.  On the person's
11-14    successful completion of the program, the person's instructor
11-15    [person] shall give notice to the department and to the community
11-16    supervision and corrections [present proof of the completion to the
11-17    clerk of the court in which the person was convicted.  The clerk
11-18    shall report the date of completion to the] department in the
11-19    [same] manner [as that] required by [under] Section 13, Article
11-20    42.12, Code of Criminal Procedure.  If the department receives
11-21    proof of completion after a period has been extended under this
11-22    subsection, the department shall immediately end the suspension or
11-23    prohibition.
11-24          SECTION 11.  (a)  Subsections (a), (b), and (c), Article
11-25    102.002, Code of Criminal Procedure, are repealed.
11-26          (b)  Subsection (e), Article 102.005, Code of Criminal
 12-1    Procedure, is repealed.
 12-2          SECTION 12.  (a)  The change in law made by this Act to
 12-3    Article 11.07, Code of Criminal Procedure, applies only to an
 12-4    application for writ of habeas corpus filed on or after the
 12-5    effective date of this Act.  An application for writ of habeas
 12-6    corpus filed before the effective date of this Act is governed by
 12-7    the law in effect before the effective date of this Act, and the
 12-8    former law is continued in effect for this purpose.
 12-9          (b)  The change in law made by this Act to Article 20.22,
12-10    Code of Criminal Procedure, applies only to a criminal or
12-11    forfeiture proceeding, as applicable, commenced on or after the
12-12    effective date of this Act.  A criminal or forfeiture proceeding
12-13    commenced before the effective date of this Act is governed by the
12-14    law in effect before the effective date of this Act, and the former
12-15    law is continued in effect for this purpose.
12-16          (c)  The change in law made by this Act to Section 13,
12-17    Article 42.12, Code of Criminal Procedure, and to Sections 521.342
12-18    and 521.344, Transportation Code, applies only to an educational
12-19    program commenced on or after the effective date of this Act.
12-20          SECTION 13.  This Act takes effect September 1, 1999.
12-21          SECTION 14.  The importance of this legislation and the
12-22    crowded condition of the calendars in both houses create an
12-23    emergency and an imperative public necessity that the
12-24    constitutional rule requiring bills to be read on three several
12-25    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 577 passed the Senate on
         April 13, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 577 passed the House on
         May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor