78R6552 EMT-F


By:  Keel                                                         H.B. No. 1428



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of a criminal case in which a spousal 
relationship exists between the attorney representing the state and 
the attorney representing the defendant.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.08, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 2.08.  DISQUALIFIED.  (a) District and county 
attorneys shall not be of counsel adversely to the State in any 
case, in any court, nor shall they, after they cease to be such 
officers, be of counsel adversely to the State in any case in which 
they have been of counsel for the State.
	(b)  A spousal relationship between an attorney representing 
the state and an attorney representing a defendant is not a cause 
for disqualification unless otherwise required by this code, the 
constitution of this state, or the constitution of the United 
States.
	SECTION 2.  This Act takes effect September 1, 2003.