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A BILL TO BE ENTITLED
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AN ACT
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relating to the representation of certain applicants for writs of |
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habeas corpus in cases involving the death penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.044(n), Code of Criminal Procedure, |
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is amended to read as follows: |
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(n) An attorney employed by a public defender's office may |
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be appointed with respect to an application for a writ of habeas |
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corpus filed under Article 11.071 only if: |
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(1) an attorney employed by the office of capital |
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writs is not appointed in the case; and |
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(2) the attorney employed by the public defender's |
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office is on the list of competent counsel maintained under Section |
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78.056, Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |