By Gallego H.B. No. 267 77R553 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the quality of legal representation in capital cases. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 11.071, Code of Criminal Procedure, is 1-5 amended by adding Section 8A to read as follows: 1-6 Sec. 8A. INCOMPETENT COUNSEL. If the applicant asserts as a 1-7 claim in the application for a writ of habeas corpus that the 1-8 applicant at trial was represented by appointed counsel and that 1-9 the appointed counsel was incompetent, the convicting court in the 1-10 findings of facts and conclusions of law shall state whether the 1-11 counsel appointed: 1-12 (1) was at the time of appointment on the list of 1-13 qualified attorneys described by Article 26.052(e); and 1-14 (2) provided representation at trial in a manner at 1-15 least as competent as the minimum level of competence to be 1-16 expected by the trial court of counsel meeting the standards 1-17 adopted by the local selection committee under Article 26.052(d). 1-18 SECTION 2. The change in law made by this Act applies only 1-19 to an application for a writ of habeas corpus filed on or after the 1-20 effective date of this Act. An application filed before the 1-21 effective date of this Act is covered by the law in effect when the 1-22 application was filed, and the former law is continued in effect 1-23 for this purpose. 1-24 SECTION 3. This Act takes effect September 1, 2001.