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A BILL TO BE ENTITLED
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AN ACT
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relating to consequences arising from a failure by appointed |
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counsel in a criminal case to timely meet and confer with the |
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defendant after the defendant is found competent to stand trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.04(k), Code of Criminal Procedure, is |
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amended to read as follows: |
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(k) A court may replace with other counsel an attorney who |
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violates Subsection (j)(1) or fails to timely meet and confer with a |
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defendant as required by Article 46B.084(a)(1) [with other |
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counsel]. A majority of the judges of the county courts and |
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statutory county courts or the district courts, as appropriate, |
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trying criminal cases in the county may remove from consideration |
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for appointment an attorney who intentionally or repeatedly |
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violates Subsection (j)(1) or Article 46B.084(a)(1). |
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SECTION 2. Article 26.05, Code of Criminal Procedure, is |
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amended by adding Subsection (i) to read as follows: |
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(i) The judge presiding over the proceedings or the director |
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of a managed assigned counsel program under Article 26.047, as |
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applicable, may disapprove a payment requested under this article |
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for services performed for a case in which the appointed counsel |
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fails to timely meet and confer with the defendant as required by |
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Article 46B.084(a)(1). On the appointed counsel's compliance with |
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the meet and confer requirement, the presiding judge or director, |
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as applicable, shall pay to the counsel the amount otherwise |
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approved under this article and may not continue to disapprove the |
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requested payment based solely on the disapproval permitted by this |
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subsection. |
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SECTION 3. Articles 26.04 and 26.05, Code of Criminal |
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Procedure, as amended by this Act, apply to a criminal case in which |
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the indictment or information is filed before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |