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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. Article 2.07, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (c), (e), (f), (g) to read as |
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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 office, or in any instance where there is no attorney for |
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the state, the judge of the court in which the attorney represents |
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the state may appoint, from any county or district, an attorney for |
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the state or may appoint an assistant attorney general to perform |
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the duties of the office during the absence or disqualification of |
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the attorney for the state. However, if after a reasonable effort |
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has been made to appoint an attorney for the state from another |
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county or district, or assistant attorney general and a commitment |
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to take the appointment has not been received, the court may appoint |
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any competent counsel. |
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(b) Except as otherwise provided by this subsection, the |
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duties of the appointed office are additional duties of the |
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appointed attorney's present office, and the attorney is not |
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entitled to additional compensation. This subsection does not |
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prevent a commissioners court of a county from contracting with |
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another commissioners court to pay expenses and reimburse |
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compensation paid by a county to an attorney who is appointed to |
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perform additional duties. (b-1) An attorney for the state who is |
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not disqualified to act may request the court to permit the |
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attorney's recusal in a case for good cause, and on approval by the |
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court, the attorney is disqualified. |
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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 in a case |
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for good cause, and on approval by the court, the attorney is |
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disqualified. |
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(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. |
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341 ), Sec. 4, eff. September 1, 2019. If the appointed attorney is |
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not an attorney for the state, he is qualified to perform the duties |
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of the office for the period of absence or disqualification of the |
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attorney for the state on filing an oath with the clerk of the |
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court. He shall receive compensation in the same amount and manner |
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as an attorney appointed to represent an indigent person. |
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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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(e) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. |
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341 ), Sec. 4, eff. September 1, 2019. In Subsections (b) and (c) of |
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this article, "attorney for the state" includes an assistant |
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attorney general. |
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(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. |
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341 ), Sec. 4, eff. September 1, 2019. In Subsection (a) of this |
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article, "competent attorney" includes an assistant attorney |
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general. |
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(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B. |
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341), Sec. 4, eff. September 1, 2019. (g) An attorney appointed |
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under Subsection (a) of this article to perform the duties of the |
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office of an attorney for the state in a justice or municipal court |
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may be paid a reasonable fee for performing those duties. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |