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.