Amend HB 1267 (Senate committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to
the bill and renumber the subsequent SECTIONS of the bill
accordingly:
SECTION __. Article 26.051(a)(2), Code of Criminal
Procedure, is amended to read as follows:
(2) "Correctional institutions [Institutional]
division" means the correctional institutions [institutional]
division of the Texas Department of Criminal Justice.
SECTION __. Article 26.051, Code of Criminal Procedure, is
amended by amending Subsections (d) and (h) and adding Subsection
(i) to read as follows:
(d) A court shall:
(1) [may] notify the board if it determines that a
defendant before the court is indigent and is an inmate charged with
an offense committed while in the custody of the correctional
institutions [institutional] division or a correctional facility
authorized by Section 495.001, Government Code; and
(2) request that the board provide legal
representation for the inmate.
(h) When the court appoints an attorney other than an
attorney provided by the board:
(1) except as otherwise provided by this article, the
inmate's legal defense is subject to Articles 1.051, 26.04, 26.05,
and 26.052, as applicable; and
(2) the county in which a facility of the correctional
institutions division or a correctional facility authorized by
Section 495.001, Government Code, is located shall pay from its
general fund the total costs of the aggregate amount allowed and
awarded by the court for attorney compensation and expenses under
Article 26.05 or 26.052, as applicable[, the county shall pay from
its general fund the first $250.00 of the aggregate sum allowed and
awarded by the court for the attorney fees under Article 26.05 of
this code. If the fees awarded for a court-appointed attorney in a
case described by this subsection exceed $250.00, the court shall
certify the amount in excess of $250.00 to the board. On request of
the board, the comptroller shall issue a warrant to the
court-appointed attorney in the amount certified to the board by
the court].
(i) The state shall reimburse a county for attorney
compensation and expenses awarded under Subsection (h). A court
seeking reimbursement for a county shall certify to the comptroller
of public accounts the amount of compensation and expenses for
which the county is entitled to be reimbursed under this article.
Not later than the 60th day after the date the comptroller receives
from the court the request for reimbursement, the comptroller shall
issue a warrant to the county in the amount certified by the court.
SECTION __. Articles 26.051(b) and (c), Code of Criminal
Procedure, and Article 26.055, Code of Criminal Procedure, are
repealed.
SECTION __. The change in law made by this Act to Article
26.051, Code of Criminal Procedure, applies to compensation and
expenses owed on or after the effective date of this Act to an
attorney appointed under Article 26.051, Code of Criminal
Procedure, regardless of whether the attorney was appointed before,
on, or after the effective date of this Act.
(2) In SECTION 2 of the bill (page 1, line 40), between "Act"
and "applies", insert "to Article 26.05, Code of Criminal
Procedure,".
(3) In SECTION 2 of the bill (page 1, line 42), strike "as
amended by this Act,".