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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 and may be paid a reasonable fee for performing those duties. |
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SECTION 2. The heading to Article 45.0445, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.0445. RECONSIDERATION OF SATISFACTION OF FINE OR |
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COSTS. |
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SECTION 3. Article 66.252, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) At any time before final disposition of the case, the |
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justice or judge of a court having jurisdiction of the case of a |
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misdemeanor described by Subsection (b)(3) may order a law |
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enforcement officer to use the uniform incident fingerprint card to |
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take the fingerprints of an offender who is charged with the |
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misdemeanor, but was not placed under custodial arrest at the time |
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of the offense. |
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SECTION 4. The change in law made by this Act applies only |
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to a misdemeanor case that is initially filed in a justice or |
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municipal court on or after the effective date of this Act, |
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regardless of whether the offense for which the case is filed |
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occurred before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |