79R679 RMB-F

By:  Otto                                                         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)  A state court
[The clerks of the district and county courts] 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 state court[any district 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 such failure, neglect or 
refusal, and said Comptroller shall not thereafter draw any warrant 
in favor of the court [said clerk] until 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 state court, 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.