| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R1888 AJZ-D | |
| 2 | 2 | By: Hinojosa S.B. No. 245 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the authority of the office of capital and forensic | |
| 8 | 8 | writs to refuse to accept certain referrals for good cause. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 78.054(a), Government Code, is amended | |
| 11 | 11 | to read as follows: | |
| 12 | 12 | (a) The office may not accept an appointment under Article | |
| 13 | 13 | 11.071, Code of Criminal Procedure, or a referral under Section | |
| 14 | 14 | 4(h), Article 38.01, Code of Criminal Procedure, if: | |
| 15 | 15 | (1) a conflict of interest exists; | |
| 16 | 16 | (2) the office has insufficient resources to provide | |
| 17 | 17 | adequate representation for the defendant; | |
| 18 | 18 | (3) the office is incapable of providing | |
| 19 | 19 | representation for the defendant in accordance with the rules of | |
| 20 | 20 | professional conduct; or | |
| 21 | 21 | (4) other good cause is shown for not accepting the | |
| 22 | 22 | appointment. | |
| 23 | 23 | SECTION 2. This Act takes effect September 1, 2019. |