Bill Text: TX HB4699 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the appointment of an attorney pro tem for certain criminal proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Criminal Jurisprudence [HB4699 Detail]
Download: Texas-2023-HB4699-Introduced.html
| By: Martinez Fischer | H.B. No. 4699 | |
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| relating to the appointment of an attorney pro tem for certain | ||
| criminal proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 2.07, Code of Criminal Procedure, is | ||
| amended by amending Subsections (a), (c), (e), (f), (g) to read as | ||
| follows: | ||
| (a) Whenever an attorney for the state is disqualified to | ||
| act in any case or proceeding, is absent from the county or | ||
| district, or is otherwise unable to perform the duties of the | ||
| attorney's office, or in any instance where there is no attorney for | ||
| the state, the judge of the court in which the attorney represents | ||
| the state may appoint, from any county or district, an attorney for | ||
| the state or may appoint an assistant attorney general to perform | ||
| the duties of the office during the absence or disqualification of | ||
| the attorney for the state. However, if after a reasonable effort | ||
| has been made to appoint an attorney for the state from another | ||
| county or district, or assistant attorney general and a commitment | ||
| to take the appointment has not been received, the court may appoint | ||
| any competent counsel. | ||
| (b) Except as otherwise provided by this subsection, the | ||
| duties of the appointed office are additional duties of the | ||
| appointed attorney's present office, and the attorney is not | ||
| entitled to additional compensation. This subsection does not | ||
| prevent a commissioners court of a county from contracting with | ||
| another commissioners court to pay expenses and reimburse | ||
| compensation paid by a county to an attorney who is appointed to | ||
| perform additional duties. (b-1) An attorney for the state who is | ||
| not disqualified to act may request the court to permit the | ||
| attorney's recusal in a case for good cause, and on approval by the | ||
| court, the attorney is disqualified. | ||
| (b-1) An attorney for the state who is not disqualified to | ||
| act may request the court to permit the attorney's recusal in a case | ||
| for good cause, and on approval by the court, the attorney is | ||
| disqualified. | ||
| (c) |
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| not an attorney for the state, he is qualified to perform the duties | ||
| of the office for the period of absence or disqualification of the | ||
| attorney for the state on filing an oath with the clerk of the | ||
| court. He shall receive compensation in the same amount and manner | ||
| as an attorney appointed to represent an indigent person. | ||
| (d) In this article, "attorney for the state" means a county | ||
| attorney with criminal jurisdiction, a district attorney, or a | ||
| criminal district attorney. | ||
| (e) |
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| this article, "attorney for the state" includes an assistant | ||
| attorney general. | ||
| (f) |
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| article, "competent attorney" includes an assistant attorney | ||
| general. | ||
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| under Subsection (a) of this article to perform the duties of the | ||
| office of an attorney for the state in a justice or municipal court | ||
| may be paid a reasonable fee for performing those duties. | ||
| SECTION 2. The change in law made by this Act in amending | ||
| Article 2.07, Code of Criminal Procedure, applies only to the | ||
| appointment of an attorney pro tem that occurs on or after the | ||
| effective date of this Act. The appointment of an attorney pro tem | ||
| that occurs before the effective date of this Act is governed by the | ||
| law in effect on the date the attorney pro tem was appointed, and | ||
| the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
