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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) and (b) and adding Subsections |
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(c), (c-1), and (e) 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 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 any competent attorney [, from any county or |
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district, an attorney for the state or may appoint an assistant |
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attorney general] to perform the duties of the office during the |
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absence or disqualification of the attorney for the state. For |
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purposes of this subsection, "competent attorney" includes an |
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assistant attorney general. |
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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 present office, and the attorney is not entitled to |
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additional compensation. This subsection does not prevent a |
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commissioners court of a county from contracting with another |
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commissioners court to pay expenses and reimburse compensation paid |
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by a county to an attorney for the state who is appointed to perform |
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additional duties. |
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(c) If the appointed attorney under Subsection (a) is not an |
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attorney for the state, the attorney is qualified to perform the |
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duties of the office, for the period of absence or disqualification |
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of the attorney for the state, on the filing of an oath with the |
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clerk of the court. An attorney described by this subsection is |
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entitled to receive compensation in the same amount and manner as an |
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attorney appointed to represent an indigent person. |
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(c-1) An attorney appointed under Subsection (a) to perform |
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the duties of the office of an attorney for the state in a justice or |
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municipal court may be paid a reasonable fee for performing those |
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duties. |
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(e) In Subsections (b) and (c) of this article, "attorney |
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for the state" includes an assistant attorney general. |
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SECTION 2. This Act takes effect September 1, 2023. |