By: Canales (Senate Sponsor - Zaffirini) H.B. No. 51
         (In the Senate - Received from the House April 15, 2019;
  April 16, 2019, read first time and referred to Committee on
  Criminal Justice; May 15, 2019, reported favorably by the
  following vote:  Yeas 6, Nays 0; May 15, 2019, sent to printer.)
Click here to see the committee vote
  relating to the creation and promulgation of certain standard forms
  for statewide use in criminal actions.
         SECTION 1.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.0245 to read as follows:
         Sec. 72.0245.  STANDARD FORMS IN CRIMINAL ACTIONS. (a)  The
  office shall create and promulgate for use in criminal actions by
  the courts standard forms for:
               (1)  waiving a jury trial and entering a plea of guilty
  or nolo contendere in a felony case under Article 1.15, Code of
  Criminal Procedure, including for:
                     (A)  the waiver of appearance, confrontation, and
  cross-examination of witnesses;
                     (B)  the defendant's consent to an oral
  stipulation of evidence and testimony; and
                     (C)  the introduction of any documentary
               (2)  waiving a jury trial and entering a plea of guilty
  or nolo contendere in a misdemeanor case under Article 27.14, Code
  of Criminal Procedure;
               (3)  a trial court to admonish a defendant under
  Article 26.13, Code of Criminal Procedure, and, if applicable,
  Article 27.14(e), Code of Criminal Procedure, before accepting the
  defendant's plea of guilty or nolo contendere;
               (4)  a defendant who receives admonitions in writing
  under Article 26.13, Code of Criminal Procedure, to acknowledge
  that the defendant understands the admonitions and is aware of the
  consequences of the defendant's plea;
               (5)  a trial court to enter into the record the court's
  certification of a defendant's right to appeal under Rule
  25.2(a)(2), Texas Rules of Appellate Procedure;
               (6)  waiving the defendant's right to discovery under
  Article 39.14, Code of Criminal Procedure;
               (7)  acknowledging the disclosure, receipt, and list of
  all evidence provided to the defendant under Article 39.14, Code of
  Criminal Procedure, as required by Subsection (j) of that article;
               (8)  documenting the punishment that the prosecutor
  recommends as part of a plea bargain agreement, including a
  defendant's consent to waiving certain appeal rights under Rule
  25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment
  assessed by the court does not exceed the punishment recommended by
  the prosecutor and agreed to by the defendant; and
               (9)  waiving a defendant's right to an expunction or to
  an order of nondisclosure of criminal history record information.
         (b)  The office shall update the forms as necessary.
         (c)  The supreme court by rule shall set the date by which all
  courts with jurisdiction over criminal actions must adopt and use
  the forms created under Subsection (a), and if updated, the date by
  which those courts must adopt and use a form updated under
  Subsection (b).
         (d)  A court shall accept a form promulgated by the office
  under this section unless the form has been completed in a manner
  that causes a substantive defect that cannot be cured.
         SECTION 2.  Not later than September 1, 2020, the Office of
  Court Administration of the Texas Judicial System shall create and
  promulgate the forms required by Section 72.0245, Government Code,
  as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.
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