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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures governing the prosecution of misdemeanor |
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offenses in the jurisdiction of the justice and municipal courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.031, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.031. COUNSEL FOR STATE NOT PRESENT. (a) If the |
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state is not represented by counsel when the case is called for |
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trial, the justice or judge may: |
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(1) postpone the trial to a date certain; |
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(2) appoint any competent attorney as an attorney pro |
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tem [as provided by this code] to represent the state, |
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notwithstanding Article 2.07; or |
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(3) proceed to trial. |
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(b) An attorney appointed under Subsection (a) is qualified |
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to perform the duties of the office of the attorney representing the |
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state on filing an oath with the clerk of the court and may be paid a |
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reasonable fee for performing those duties. |
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SECTION 2. Article 45.031, Code of Criminal Procedure, as |
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amended by this Act, applies only to a trial that begins on or after |
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the effective date of this Act, regardless of whether the alleged |
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offense was committed before, on, or after that date. |
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SECTION 3. This Act takes effect September 1, 2021. |