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