Amend HB 1267 (Senate committee printing) by striking 
SECTIONS 1 and 2 and adding the following appropriately numbered 
SECTIONS:
	SECTION __.  Subsection (d), Article 26.052, Code of 
Criminal Procedure, as amended by Chapters 787 and 965, Acts of the 
79th Legislature, Regular Session, 2005, is reenacted and amended 
to read as follows:
	(d)(1)  The committee shall adopt standards for the 
qualification of attorneys to be appointed to represent indigent 
defendants in capital cases in which the death penalty is sought.
		(2)  The standards must require that a trial attorney 
appointed as lead counsel to a capital case [or an attorney 
appointed as lead appellate counsel in the direct appeal of a 
capital case]:
			(A)  be a member of the State Bar of Texas;                                  
			(B)  exhibit proficiency and commitment to 
providing quality representation to defendants in death penalty 
cases;
			(C)  have not been found by a federal or state 
court to have rendered ineffective assistance of counsel during the 
trial or appeal of any capital case, unless the conduct underlying 
the finding fails to accurately reflect the attorney's current 
ability to provide effective representation;
			(D)  have at least five years of criminal law
experience [in criminal litigation];
			(E)  have tried to a verdict as lead defense 
counsel a significant number of felony cases, including homicide 
trials and other trials for offenses punishable as second or first 
degree felonies or capital felonies;
			(F)  have trial experience in:                                               
				(i)  the use of and challenges to mental 
health or forensic expert witnesses; and
				(ii)  investigating and presenting 
mitigating evidence at the penalty phase of a death penalty trial; 
and
			(G)  have participated in continuing legal 
education courses or other training relating to criminal defense in 
death penalty cases.
		(3)  The standards must require that an attorney 
appointed as lead appellate counsel in the direct appeal of a 
capital case:
			(A)  be a member of the State Bar of Texas;                           
			(B)  exhibit proficiency and commitment to 
providing quality representation to defendants in death penalty 
cases;
			(C)  have not been found by a federal or state 
court to have rendered ineffective assistance of counsel during the 
trial or appeal of any capital case, unless the conduct underlying 
the finding fails to accurately reflect the attorney's current 
ability to provide effective representation;
			(D)  have at least five years of criminal law 
experience;           
			(E)  have authored a significant number of 
appellate briefs, including appellate briefs for homicide cases and 
other cases involving an offense punishable as a capital felony or a 
felony of the first degree or an offense described by Section 
3g(a)(1), Article 42.12;
			(F)  have trial or appellate experience in:                           
				(i)  the use of and challenges to mental 
health or forensic expert witnesses; and
				(ii)  the use of mitigating evidence at the 
penalty phase of a death penalty trial; and
			(G)  have participated in continuing legal 
education courses or other training relating to criminal defense in 
appealing death penalty cases.
		(4)  The committee shall prominently post the standards 
in each district clerk's office in the region with a list of 
attorneys qualified for appointment.
		(5) [(4)]  Not later than the second anniversary of the 
date an attorney is placed on the list of attorneys qualified for 
appointment in death penalty cases and each year following the 
second anniversary, the attorney must present proof to the 
committee that the attorney has successfully completed the minimum 
continuing legal education requirements of the State Bar of Texas, 
including a course or other form of training relating to criminal 
[the] defense in [of] death penalty cases or in appealing death 
penalty cases, as applicable.  The committee shall remove the 
attorney's name from the list of qualified attorneys if the 
attorney fails to provide the committee with proof of completion of 
the continuing legal education requirements.
	SECTION __.  A local selection committee shall amend 
standards previously adopted by the committee to conform with the 
requirements of Subsection (d), Article 26.052, Code of Criminal 
Procedure, as amended by this Act, not later than the 75th day after 
the effective date of this Act.  An attorney appointed to a death 
penalty case on or after the 75th day after the effective date of 
this Act must meet the standards adopted in conformity with amended 
Subsection (d), Article 26.052, Code of Criminal Procedure.  An 
attorney appointed to a death penalty case before the 75th day after 
the effective date of this Act is covered by the law in effect when 
the attorney was appointed, and the former law is continued in 
effect for that purpose.