Amend HB 268 in SECTION 1 of the bill by striking line 21, 
page 1 through line 1, page 3, and substituting the following:
	(d)  The court of criminal appeals shall maintain and 
annually review a list of attorneys qualified for appointment under 
this section to ensure that the attorneys included on the list are 
suitably qualified and proficient to be eligible for appointment. 
The court shall determine whether an attorney is eligible for 
appointment on a case-by-case basis. The court shall consider the 
attorney's experience, past performance in capital and other cases, 
past disciplinary history with the State Bar of Texas, if any, and 
existing workload. The court shall remove an attorney from the list 
if the attorney is determined to be not eligible for appointment. An 
attorney is presumed to be ineligible for appointment if the 
attorney:
		(1)  has been previously found by a court to have 
rendered ineffective assistance of counsel;
		(2)  raises only claims that may not be heard in 
post-conviction proceedings; or
		(3)  fails to timely file a state or federal 
post-conviction application for writ of habeas corpus [adopt rules 
for the appointment of attorneys as counsel under this section and 
the convicting court may appoint an attorney as counsel under this 
section only if the appointment is approved by the court of criminal 
appeals in any manner provided by those rules].