79R2499 BDH-D

By:  Uresti                                                       H.B. No. 2861



A BILL TO BE ENTITLED

AN ACT

relating to requiring criminal district court approval before 
counsel in a noncapital indigent defense case incurs certain 
expenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.05(d), Code of Criminal Procedure, is 
amended to read as follows:
	(d)  To the extent consistent with this subsection, a [A] 
counsel in a noncapital case, other than an attorney with a public 
defender, appointed to represent a defendant under this code shall 
be reimbursed for reasonable and necessary expenses[, including 
expenses for investigation and for mental health and other 
experts].  A counsel may be reimbursed for expenses incurred for 
purposes of investigation or expert testimony only if the counsel 
receives prior court approval.  Expenses incurred with prior court 
approval shall be reimbursed in the same manner provided for 
capital cases by Articles 26.052(f) and (g), and expenses incurred 
without prior court approval shall be reimbursed in the manner 
provided for capital cases by Article 26.052(h).
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.