Bill Text: TX HB4699 | 2023-2024 | 88th Legislature | Introduced

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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

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By: Martinez Fischer H.B. No. 4699

A BILL TO BE ENTITLED
AN ACT
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(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
341 ), Sec. 4, eff. September 1, 2019. If the appointed attorney is
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) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
341 ), Sec. 4, eff. September 1, 2019. In Subsections (b) and (c) of
this article, "attorney for the state" includes an assistant
attorney general.
(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
341 ), Sec. 4, eff. September 1, 2019. In Subsection (a) of this
article, "competent attorney" includes an assistant attorney
general.
(g) Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
341), Sec. 4, eff. September 1, 2019. (g) An attorney appointed
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.