By:  West                                                         S.B. No. 600


A BILL TO BE ENTITLED

AN ACT

relating to the reimbursement of compensation and expenses of 
certain appointed counsel filing an application for a writ of 
habeas corpus in a capital case.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (f), Section 2, Article 11.071, Code 
of Criminal Procedure, is amended to read as follows:
	(f)  The convicting court shall reasonably compensate as 
provided by Section 2A an attorney appointed under this section, 
regardless of whether the attorney is appointed by the convicting 
court or was appointed by the court of criminal appeals under prior 
law [as provided by Section 2A].
	SECTION 2.  Section 2A, Article 11.071, Code of Criminal 
Procedure, is amended by adding Subsection (d) to read as follows:
	(d)  The comptroller shall reimburse a county for the 
compensation and payment of expenses of an attorney appointed by 
the court of criminal appeals under prior law.  A convicting court 
seeking reimbursement for a county as permitted by this subsection 
shall certify the amount the county is entitled to receive under 
this subsection for an application filed under this article, not to 
exceed a total amount of $25,000.
	SECTION 3.  Subsection (d), Section 3, Article 11.071, Code 
of Criminal Procedure, is amended to read as follows:
	(d)  Counsel may incur expenses for habeas corpus 
investigation, including expenses for experts, without prior 
approval by the convicting court or the court of criminal appeals.  
On presentation of a claim for reimbursement, which may be 
presented ex parte, the convicting court shall order reimbursement 
of counsel for expenses, if the expenses are reasonably necessary 
and reasonably incurred.  If the convicting court denies in whole or 
in part the request for expenses, the court shall briefly state the 
reasons for the denial in a written order provided to the applicant.  
The applicant may request reconsideration of the denial for 
reimbursement by the convicting court.
	SECTION 4.  This Act takes effect September 1, 2003.