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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition and duties of the capital and forensic |
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writs committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 78.002, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The committee shall provide oversight and strategic |
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guidance to the office of capital and forensic writs, including: |
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(1) recommending [recommend] to the court of criminal |
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appeals as provided by Section 78.004 a director for the office of |
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capital and forensic writs when a vacancy exists for the position of |
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director; |
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(2) setting policy for the office of capital and |
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forensic writs; and |
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(3) developing a budget proposal for the office of |
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capital and forensic writs. |
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(c) The committee may not access privileged or confidential |
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information. |
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SECTION 2. Section 78.003, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) The committee is composed of the following seven [five] |
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members who are appointed as follows [by the president of the State |
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Bar of Texas, with ratification by the executive committee of the |
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State Bar of Texas]: |
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(1) three attorneys who are appointed by the executive |
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director of the Texas Indigent Defense Commission [members of the |
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State Bar of Texas and who are not employed as prosecutors or law |
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enforcement officials, all of whom must have criminal defense |
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experience with death penalty proceedings in this state]; [and] |
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(2) two attorneys who are appointed by the president |
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of the State Bar of Texas, with ratification by the executive |
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committee of the State Bar of Texas; and |
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(3) two attorneys, each of whom are appointed by a |
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majority of the deans of the public law schools in this state [two |
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state district judges, one of whom serves as presiding judge of an |
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administrative judicial region]. |
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(a-1) Each member of the committee must be a licensed |
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attorney and must have significant experience in capital defense or |
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indigent criminal defense policy or practice. A member of the |
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committee may not be a prosecutor, a law enforcement official, a |
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judge of a court that presides over criminal offenses, or an |
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employee of the office of capital and forensic writs. |
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(a-2) Members of the committee serve four-year terms and may |
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be reappointed. |
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(a-3) If a vacancy occurs, the appropriate appointing |
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authority shall appoint a person to serve for the remainder of the |
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unexpired term in the same manner as the original appointment. |
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(c) The committee shall meet [members serve at the pleasure |
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of the president of the State Bar of Texas, and the committee meets] |
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at the call of the presiding officer of the committee. |
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SECTION 3. This Act takes effect September 1, 2021. |