79R8114 RMB-D


By:  Otto                                                         H.B. No. 646

Substitute the following for H.B. No. 646:                                    

By:  Hartnett                                                 C.S.H.B. No. 646



A BILL TO BE ENTITLED

AN ACT

relating to the provision of certain reports and records requested 
by the attorney general.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.23, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 2.23.  REPORT TO ATTORNEY GENERAL.  (a) The clerks of 
the district courts, [and] statutory county courts, constitutional 
county courts, and courts of appeals shall, when requested in 
writing [required] by the Attorney General, report to the Attorney 
General not later than the 10th day after the date the request is 
received [him at such times], and in the form prescribed by the 
Attorney General [accordance with such forms as he may direct], 
[such] information in court records that relates [in relation] to a
criminal matter, including information requested by the Attorney 
General for purposes of federal habeas review [matters as may be 
shown by their records].
	(b)  When a clerk of a [any] district court, statutory county 
court, constitutional county court, or a court of appeals [clerk] 
has failed, neglected, or refused to provide a [make any such] 
report or record after receiving a written request for the report or 
record under Subsection (a) [being requested in writing by the 
Attorney General to make such report], the Attorney General shall 
notify in writing the Comptroller of Public Accounts of the [such] 
failure, neglect, or refusal, and the [said] Comptroller shall not 
[thereafter] draw any warrant in favor of the court [said clerk] 
until the [said] report or record has been provided to [filed with] 
the Attorney General.
	(c)  A state agency or the office of an attorney representing 
the state shall, when requested in writing by the Attorney General, 
provide to the Attorney General any record that is needed for 
purposes of federal habeas review.  The agency or office must 
provide the record not later than the 10th day after the date the 
request is received and in the form prescribed by the Attorney 
General.
	(d)  A district court, statutory county court, 
constitutional county court, court of appeals, state agency, or 
office of an attorney representing the state may not restrict or 
delay the reproduction or delivery of a record requested by the 
Attorney General under this article.
	SECTION 2.  This Act takes effect September 1, 2005.