Texas 2023 - 88th Regular

Texas House Bill HB1383 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Rose H.B. No. 1383
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedures in a criminal case after a defendant is found
7	7	competent to stand trial and to consequences arising from certain
8	8	violations of those procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 26.04(k), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(k) A court may replace with other counsel an attorney who
13	13	violates Subsection (j)(1) or fails to timely meet and confer with a
14	14	defendant as required by Article 46B.084(a)(1) [with other
15	15	counsel]. A majority of the judges of the county courts and
16	16	statutory county courts or the district courts, as appropriate,
17	17	trying criminal cases in the county may remove from consideration
18	18	for appointment an attorney who intentionally or repeatedly
19	19	violates Subsection (j)(1) or Article 46B.084(a)(1).
20	20	SECTION 2. Article 26.05, Code of Criminal Procedure, is
21	21	amended by adding Subsection (i) to read as follows:
22	22	(i) The judge presiding over the proceedings or the director
23	23	of a managed assigned counsel program under Article 26.047, as
24	24	applicable, may disapprove a payment requested under this article
25	25	for services performed for a case in which the appointed counsel
26	26	fails to timely meet and confer with the defendant as required by
27	27	Article 46B.084(a)(1). On the appointed counsel's compliance with
28	28	the meet and confer requirement, the presiding judge or director,
29	29	as applicable, shall pay to the counsel the amount otherwise
30	30	approved under this article and may not continue to disapprove the
31	31	requested payment based solely on the disapproval permitted by this
32	32	subsection.
33	33	SECTION 3. Section 23.101(a), Government Code, is amended
34	34	to read as follows:
35	35	(a) Except as provided by Subsection (b-1), the trial courts
36	36	of this state shall regularly and frequently set hearings and
37	37	trials of pending matters, giving preference to hearings and trials
38	38	of the following:
39	39	(1) temporary injunctions;
40	40	(2) criminal actions, with the following actions given
41	41	preference over other criminal actions:
42	42	(A) criminal actions against defendants who are
43	43	detained in jail pending trial;
44	44	(B) criminal actions involving a charge that a
45	45	person committed an act of family violence, as defined by Section
46	46	71.004, Family Code;
47	47	(C) an offense under:
48	48	(i) Section 21.02 or 21.11, Penal Code;
49	49	(ii) Chapter 22, Penal Code, if the victim
50	50	of the alleged offense is younger than 17 years of age;
51	51	(iii) Section 25.02, Penal Code, if the
52	52	victim of the alleged offense is younger than 17 years of age;
53	53	(iv) Section 25.06, Penal Code;
54	54	(v) Section 43.25, Penal Code; or
55	55	(vi) Section 20A.02(a)(7), 20A.02(a)(8),
56	56	or 20A.03, Penal Code;
57	57	(D) an offense described by Article 62.001(6)(C)
58	58	or (D), Code of Criminal Procedure; [and]
59	59	(E) criminal actions against persons who are
60	60	detained as provided by Section 51.12, Family Code, after transfer
61	61	for prosecution in criminal court under Section 54.02, Family Code;
62	62	and
63	63	(F) criminal actions in which a defendant is
64	64	found competent to stand trial under Article 46B.084, Code of
65	65	Criminal Procedure;
66	66	(3) election contests and suits under the Election
67	67	Code;
68	68	(4) orders for the protection of the family under
69	69	Subtitle B, Title 4, Family Code;
70	70	(5) appeals of final rulings and decisions of the
71	71	division of workers' compensation of the Texas Department of
72	72	Insurance regarding workers' compensation claims and claims under
73	73	the Federal Employers' Liability Act and the Jones Act;
74	74	(6) appeals of final orders of the commissioner of the
75	75	General Land Office under Section 51.3021, Natural Resources Code;
76	76	(7) actions in which the claimant has been diagnosed
77	77	with malignant mesothelioma, other malignant asbestos-related
78	78	cancer, malignant silica-related cancer, or acute silicosis; and
79	79	(8) appeals brought under Section 42.01 or 42.015, Tax
80	80	Code, of orders of appraisal review boards of appraisal districts
81	81	established for counties with a population of less than 175,000.
82	82	SECTION 4. Section 33.032(a), Government Code, is amended
83	83	to read as follows:
84	84	(a) Except as otherwise provided by this section and
85	85	Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the
86	86	papers filed with and proceedings before the commission are
87	87	confidential prior to the filing of formal charges.
88	88	SECTION 5. Subchapter B, Chapter 33, Government Code, is
89	89	amended by adding Section 33.0325 to read as follows:
90	90	Sec. 33.0325. PUBLIC PAPERS AND PROCEEDINGS RELATED TO
91	91	CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers
92	92	filed with and proceedings held before the commission in connection
93	93	with the investigation and resolution of the following complaints
94	94	filed with the commission shall be public information:
95	95	(1) a complaint alleging a judge failed to timely
96	96	notify the attorney representing the state or the attorney for the
97	97	defendant of a defendant's return, as required by Article
98	98	46B.084(a)(1), Code of Criminal Procedure; and
99	99	(2) a complaint alleging a judge failed to give
100	100	preference to a criminal action described by Section
101	101	23.101(a)(2)(F) as required by that section.
102	102	SECTION 6. Articles 26.04 and 26.05, Code of Criminal
103	103	Procedure, as amended by this Act, apply to a criminal case in which
104	104	the indictment or information is filed before, on, or after the
105	105	effective date of this Act.
106	106	SECTION 7. Section 33.0325, Government Code, as added by
107	107	this Act, applies only to a complaint filed on or after the
108	108	effective date of this Act. A complaint filed before the effective
109	109	date of this Act is governed by the law in effect on the date the
110	110	complaint was filed, and the former law is continued in effect for
111	111	that purpose.
112	112	SECTION 8. This Act takes effect September 1, 2023.