Amend HB 268 (engrossed version) as follows:
(1) In SECTION 1 of the bill, in proposed Subsection (c),
Section 2, Article 11.071, Code of Criminal Procedure, on page 1,
lines 11-12, strike "that meets the requirements of Subsection
(d)(2)" and substitute "from the list of qualified attorneys
maintained by the Task Force on Indigent Defense under Subsection
(d)(3)".
(2) In SECTION 1 of the bill, in proposed Subsection (c),
Section 2, Article 11.071, Code of Criminal Procedure, strike the
language between "The assisting attorney" on page 1, line 15, and
"Subsection (d)(2)(E) or (F)" on page 1, line 17, and substitute "is
not subject to the guidelines applicable to an attorney appointed
as lead counsel under".
(3) In SECTION 1 of the bill, strike proposed Subsection
(d)(1), Section 2, Article 11.071, Code of Criminal Procedure, on
page 1, line 22, to page 2, line 3, and substitute the following:
(d)(1) The Task Force on Indigent Defense may [court of
criminal appeals shall] adopt discretionary guidelines [rules] for
the appointment of attorneys as counsel under this section and may
consider the guidelines in determining whether an attorney is
qualified for an appointment [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]. The Task Force on Indigent Defense:
(A) may not adopt mandatory standards for the
appointment of attorneys under this section; and
(B) shall determine whether an attorney is
qualified for an appointment on a case-by-case basis.
(4) In SECTION 1 of the bill, in proposed Subdivision (2),
Subsection (d), Section 2, Article 11.071, Code of Criminal
Procedure, on page 2, line 4, strike "standards must require" and
substitute "discretionary guidelines may include".
(5) In SECTION 1 of the bill, in proposed Paragraph (D),
Subdivision (2), Subsection (d), Section 2, Article 11.071, Code of
Criminal Procedure, on page 2, line 15, strike "criminal" and
substitute "capital".
(6) In SECTION 2 of the bill, in proposed Paragraph (D),
Subdivision (2), Subsection (d), Article 26.052, Code of Criminal
Procedure, on page 4, line 6, strike "criminal" and substitute
"capital".
(7) In SECTION 2 of the bill, in proposed Paragraph (D),
Subdivision (3), Subsection (d), Article 26.052, Code of Criminal
Procedure, on page 5, line 13, strike "criminal" and substitute
"capital".
(8) Strike SECTIONS 3 and 4 of the bill on page 6, lines
9-25, and substitute the following:
SECTION 3. The Task Force on Indigent Defense shall prepare
the list of qualified attorneys required by Section 2(d), Article
11.071, Code of Criminal Procedure, as amended by this Act, not
later than March 1, 2006.
(9) Renumber subsequent SECTIONS of the bill accordingly.