| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the allocation of costs and attorney's fees incurred by |
|
|
a Court of Inquiry. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 52.04, Code of Criminal Procedure, is |
|
|
amended by amending Subsection (c) and adding Subsection (d) to |
|
|
read as follows: |
|
|
(c) Except as provided by Subsection (d), the [The] county |
|
|
in which the affidavit under Article 52.01 was filed shall be |
|
|
responsible for any attorney's fees awarded under Subsection (b). |
|
|
(d) If the subject of the Court of Inquiry was an employee of |
|
|
the state at the time of the alleged offense, the state shall be |
|
|
responsible for any attorney's fees awarded under Subsection (b). |
|
|
SECTION 2. Article 52.09, Code of Criminal Procedure, is |
|
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
|
(a-1) to read as follows: |
|
|
(a) Except as provided by Subsection (a-1), all [All] costs |
|
|
incurred in conducting a Court of Inquiry, including compensation |
|
|
of an attorney pro tem, shall be borne by: |
|
|
(1) the county in which the [said] Court of Inquiry is |
|
|
conducted, if the subject of the inquiry was not an employee of the |
|
|
state at the time of the alleged offense; or |
|
|
(2) the state, if the subject of the inquiry was an |
|
|
employee of the state at the time of the alleged offense. |
|
|
(a-1) If[; provided, however, that where] the Attorney |
|
|
General of Texas [has] submitted a request in writing to the judge |
|
|
for the holding of the [such] Court of Inquiry, [then and in that
|
|
|
event] the costs described by Subsection (a) shall be borne by the |
|
|
state [State of Texas] and shall be taxed to the attorney general |
|
|
and paid in the same manner and from the same funds as other court |
|
|
costs. |
|
|
(b) Assistance by a county or district attorney to a Court |
|
|
of Inquiry is a duty of the attorney's office, and the attorney may |
|
|
not receive a fee for the service. The state or the [A] county |
|
|
responsible for costs incurred under Subsection (a), as applicable, |
|
|
is not liable for attorney's fees claimed for assistance in a Court |
|
|
of Inquiry by any attorney other than an attorney pro tem appointed |
|
|
under Article 52.01(d) [of this code]. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a Court of Inquiry commenced on or after the effective date of |
|
|
this Act. A Court of Inquiry commenced before the effective date of |
|
|
this Act is governed by the law in effect on the date the Court of |
|
|
Inquiry was commenced, and the former law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2015. |