Amend HB 1267 by inserting the following on page 2, between 
lines 9 and 10 (House enrolled version):
	SECTION ___.  Article 26.052, Code of Criminal Procedure, is 
amended by amending Subsections (e), (f), and (g) and adding 
Subsections (e-1) and (e-2) to read as follows:

	(e)  The presiding judge of the district court in which a 
capital felony case is filed shall appoint an attorney, who [two 
attorneys, at least one of whom] must be qualified under this 
chapter, to represent an indigent defendant as soon as practicable 
after charges are filed[, unless the state gives notice in writing 
that the state will not seek the death penalty].  Unless the state 
files written notice in the case that the state will not seek the 
death penalty, the judge shall appoint a second attorney to the case 
on the earlier of:
		(1)  the date the state files written notice in the case 
that the state will seek the death penalty; or
		(2)  the 90th day after the date on which the defendant 
is charged with a capital offense by indictment or by complaint, 
whichever occurs first.
	(e-1)  An attorney is not required to meet the standards 
described by Subsection (d)(2) to be eligible for appointment as a 
second attorney under Subsection (e).
	(e-2)  A case in which the state seeks the death penalty may 
not proceed to trial on the merits before the 180th day after the 
date on which a second attorney is appointed to the case under 
Subsection (e).  If, after the second attorney is appointed, the 
state files written notice in the case that the state will not seek 
the death penalty, the judge may remove the second attorney from the 
case.  The second attorney remains entitled to reasonable payment 
for services rendered before removal in accordance with the local 
guidelines for payment of an attorney appointed to represent a 
defendant in a capital case.
	(f)  Appointed counsel may file with the trial court a 
pretrial ex parte confidential request for advance payment of 
expenses to investigate potential defenses and mitigation 
evidence.  The request for expenses must state:
		(1)  the type of investigation to be conducted;                               
		(2)  specific facts that suggest the investigation will 
result in admissible evidence; and
		(3)  an itemized list of anticipated expenses for each 
investigation.       
	(g)  The court shall timely grant the request for advance 
payment of expenses in whole or in part if the request is 
reasonable.  If the court denies in whole or in part the request for 
expenses, the court shall:
		(1)  state the reasons for the denial in writing;                             
		(2)  attach the denial to the confidential request; and                       
		(3)  submit the request and denial as a sealed exhibit 
to the record.       
	SECTION ____.  The change in law made by this Act applies 
only to a capital felony case that is filed on or after the 
effective date of this Act.  A capital felony case that is filed 
before the effective date of this Act is governed by the law in 
effect on the date the case was filed, and the former law is 
continued in effect for that purpose.