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By:  Otto (Senate Sponsor - Seliger)                              H.B. No. 646
	(In the Senate - Received from the House April 11, 2005; 
April 12, 2005, read first time and referred to Committee on 
Criminal Justice; May 20, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 4, Nays 0; 
May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 646                                    By:  Seliger


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 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].
	[When any district clerk has failed, neglected or refused to 
make any such report after 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 said clerk until said report 
has been filed with the Attorney General.]
	(b)  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.
	(c)  A district court, county 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.                           



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