Texas 2015 - 84th Regular

Texas House Bill HB184 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Dale, Gonzales, Farney H.B. No. 184
2		-	(Senate Sponsor - Schwertner)
3		-	(In the Senate - Received from the House May 5, 2015;
4		-	May 6, 2015, read first time and referred to Committee on State
5		-	Affairs; May 18, 2015, reported favorably by the following vote:
6		-	Yeas 8, Nays 0; May 18, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 184
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the allocation of costs and attorney's fees incurred by
13	6		a Court of Inquiry.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Article 52.04, Code of Criminal Procedure, is
16	9		amended by amending Subsection (c) and adding Subsection (d) to
17	10		read as follows:
18	11		(c) Except as provided by Subsection (d), the [The] county
19	12		in which the affidavit under Article 52.01 was filed shall be
20	13		responsible for any attorney's fees awarded under Subsection (b).
21	14		(d) If the subject of the Court of Inquiry was an officer or
22	15		employee of the state at the time of the alleged offense, the state
23	16		shall be responsible for any attorney's fees awarded under
24	17		Subsection (b).
25	18		SECTION 2. Article 52.09, Code of Criminal Procedure, is
26	19		amended by amending Subsections (a) and (b) and adding Subsection
27	20		(a-1) to read as follows:
28	21		(a) Except as provided by Subsection (a-1), all [All] costs
29	22		incurred in conducting a Court of Inquiry, including compensation
30	23		of an attorney pro tem, shall be borne by:
31	24		(1) the county in which the [said] Court of Inquiry is
32	25		conducted, if the subject of the inquiry was not an officer or
33	26		employee of the state at the time of the alleged offense; or
34	27		(2) the state, if the subject of the inquiry was an
35	28		officer or employee of the state at the time of the alleged offense.
36	29		(a-1) If[; provided, however, that where] the Attorney
37	30		General of Texas [has] submitted a request in writing to the judge
38	31		for the holding of the [such] Court of Inquiry, [then and in that
39	32		event] the costs described by Subsection (a) shall be borne by the
40	33		state [State of Texas] and shall be taxed to the attorney general
41	34		and paid in the same manner and from the same funds as other court
42	35		costs.
43	36		(b) Assistance by a county or district attorney to a Court
44	37		of Inquiry is a duty of the attorney's office, and the attorney may
45	38		not receive a fee for the service. The state or the [A] county
46	39		responsible for costs incurred under Subsection (a), as applicable,
47	40		is not liable for attorney's fees claimed for assistance in a Court
48	41		of Inquiry by any attorney other than an attorney pro tem appointed
49	42		under Article 52.01(d) [of this code].
50	43		SECTION 3. The change in law made by this Act applies only
51	44		to a Court of Inquiry commenced on or after the effective date of
52	45		this Act. A Court of Inquiry commenced before the effective date of
53	46		this Act is governed by the law in effect on the date the Court of
54	47		Inquiry was commenced, and the former law is continued in effect for
55	48		that purpose.
56	49		SECTION 4. This Act takes effect September 1, 2015.
57		-	* * * * *
	50	+	______________________________ ______________________________
	51	+	President of the Senate Speaker of the House
	52	+	I certify that H.B. No. 184 was passed by the House on May 4,
	53	+	2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	54	+	voting.
	55	+	______________________________
	56	+	Chief Clerk of the House
	57	+	I certify that H.B. No. 184 was passed by the Senate on May
	58	+	21, 2015, by the following vote: Yeas 31, Nays 0.
	59	+	______________________________
	60	+	Secretary of the Senate
	61	+	APPROVED: _____________________
	62	+	Date
	63	+	_____________________
	64	+	Governor