By: Gallego (Senate Sponsor - Ellis) H.B. No. 1646
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on Criminal
  Justice; May 23, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  May 23, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1646 By:  Ellis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to representation of certain applicants for writs of
  habeas corpus in cases involving the death penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 6, Article 11.071, Code of Criminal
  Procedure, is amended by adding Subsections (b-1) and (b-2) to read
  as follows:
         (b-1)  If the convicting court receives notice that the
  requirements of Section 5(a) for consideration of a subsequent
  application have been met and if the applicant has not elected to
  proceed pro se and is not represented by retained counsel, the
  convicting court shall appoint, in order of priority:
               (1)  the attorney who represented the applicant in the
  proceedings under Section 5, if the attorney seeks the appointment;
               (2)  the office of capital writs, if the office
  represented the applicant in the proceedings under Section 5 or
  otherwise accepts the appointment; or
               (3)  counsel from a list of competent counsel
  maintained by the presiding judges of the administrative judicial
  regions under Section 78.056, Government Code, if the office of
  capital writs:
                     (A)  did not represent the applicant as described
  by Subdivision (2); or
                     (B)  does not accept or is prohibited from
  accepting the appointment under Section 78.054, Government Code.
         (b-2)  Regardless of whether the subsequent application is
  ultimately dismissed, compensation and reimbursement of expenses
  for counsel appointed under Subsection (b-1) shall be provided as
  described by Section 2, 2A, or 3, including compensation for time
  previously spent and reimbursement of expenses previously incurred
  with respect to the subsequent application.
         SECTION 2.  The change in law made by this Act applies to a
  subsequent application for a writ of habeas corpus filed on or after
  January 1, 2012. A subsequent application filed before January 1,
  2012, is covered by the law in effect when the application was
  filed, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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