86R3075 AJZ-F
  By: Huffman S.B. No. 341
  relating to the appointment of an attorney pro tem for certain
  criminal proceedings.
         SECTION 1.  Articles 2.07(a), (b), (b-1), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  Whenever an attorney for the state is disqualified to
  act in any case or proceeding, is absent from the county or
  district, or is otherwise unable to perform the duties of the
  attorney's [his] office, or in any instance where there is no
  attorney for the state, the judge of the court in which the attorney
  [he] represents the state may appoint, from any county or district,
  an [any competent] attorney for the state or may appoint an
  assistant attorney general to perform the duties of the office
  during the absence or disqualification of the attorney for the
         (b)  Except as otherwise provided by this subsection, [if the
  appointed attorney is also an attorney for the state,] the duties of
  the appointed office are additional duties of the appointed
  attorney's [his] present office, and the attorney [he] is not
  entitled to additional compensation. This subsection does not
  [Nothing herein shall] prevent a commissioners court of a county
  from contracting with another commissioners court to pay expenses
  and reimburse compensation paid by a county to an attorney [for the
  state] who is appointed to perform additional duties.
         (b-1)  An attorney for the state who is not disqualified to
  act may request the court to permit the attorney's recusal [him to
  recuse himself] in a case for good cause, and on [upon] approval by
  the court the attorney is disqualified.
         (d)  In this article, "attorney for the state" means a county
  attorney with criminal jurisdiction, a district attorney, or a
  criminal district attorney.
         SECTION 2.  Article 52.09(c), Code of Criminal Procedure, is
  amended to read as follows:
         (c)  An attorney pro tem appointed under Article 52.01(d) [of
  this code] is entitled to compensation in the same amount and manner
  as an attorney appointed to represent an indigent person [pro tem
  appointed under Article 2.07 of this code]. The district judge
  shall set the compensation of the attorney pro tem based on the
  sworn testimony of the attorney or other evidence that is given in
  open court.
         SECTION 3.  Section 574.004, Government Code, is amended to
  read as follows:
         Sec. 574.004.  ASSISTANCE BY ATTORNEY GENERAL. This
  [Nothing in this] chapter does not [shall] prevent the attorney
  general from providing assistance to district attorneys, criminal
  district attorneys, and county attorneys on request by allowing
  assistant attorneys general to serve as duly appointed and
  deputized assistant prosecutors, nor does [shall] this chapter
  prohibit the appointment of an assistant attorney general as an
  attorney pro tem pursuant to Article 2.07, Code of Criminal
         SECTION 4.  Articles 2.07(c), (e), (f), and (g), Code of
  Criminal Procedure, are repealed.
         SECTION 5.  The change in law made by this Act in amending
  Article 2.07, Code of Criminal Procedure, applies only to the
  appointment of an attorney pro tem that occurs on or after the
  effective date of this Act. The appointment of an attorney pro tem
  that occurs before the effective date of this Act is governed by the
  law in effect on the date the attorney pro tem was appointed, and
  the former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.