By: Rodríguez S.B. No. 662
 
  (Alonzo)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the representation of certain indigent applicants for a
  writ of habeas corpus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 11, Code of Criminal Procedure, is
  amended by adding Article 11.074 to read as follows:
         Art. 11.074.  COURT-APPOINTED REPRESENTATION REQUIRED IN
  CERTAIN CASES. (a)  This article applies only to a felony or
  misdemeanor case in which the applicant seeks relief on a writ of
  habeas corpus from a judgment of conviction that:
               (1)  imposes a penalty other than death; or
               (2)  orders community supervision.
         (b)  If at any time the state represents to the convicting
  court that an eligible indigent defendant under Article 1.051 who
  was sentenced or had a sentence suspended is not guilty, is guilty
  of only a lesser offense, or was convicted or sentenced under a law
  that has been found unconstitutional by the court of criminal
  appeals or the United States Supreme Court, the court shall appoint
  an attorney to represent the indigent defendant for purposes of
  filing an application for a writ of habeas corpus, if an application
  has not been filed, or to otherwise represent the indigent
  defendant in a proceeding based on the application for the writ.
         (c)  An attorney appointed under this article shall be
  compensated as provided by Article 26.05.
         SECTION 2.  The changes in law made by this Act relating to
  the application of writ of habeas corpus apply regardless of
  whether the offense for which the applicant is in custody was
  committed before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.