By: Rose H.B. No. 1383
A BILL TO BE ENTITLED
AN ACT
relating to procedures in a criminal case after a defendant is found
competent to stand trial and to consequences arising from certain
violations of those procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.04(k), Code of Criminal Procedure, is
amended to read as follows:
(k) A court may replace with other counsel an attorney who
violates Subsection (j)(1) or fails to timely meet and confer with a
defendant as required by Article 46B.084(a)(1) [with other
counsel]. A majority of the judges of the county courts and
statutory county courts or the district courts, as appropriate,
trying criminal cases in the county may remove from consideration
for appointment an attorney who intentionally or repeatedly
violates Subsection (j)(1) or Article 46B.084(a)(1).
SECTION 2. Article 26.05, Code of Criminal Procedure, is
amended by adding Subsection (i) to read as follows:
(i) The judge presiding over the proceedings or the director
of a managed assigned counsel program under Article 26.047, as
applicable, may disapprove a payment requested under this article
for services performed for a case in which the appointed counsel
fails to timely meet and confer with the defendant as required by
Article 46B.084(a)(1). On the appointed counsel's compliance with
the meet and confer requirement, the presiding judge or director,
as applicable, shall pay to the counsel the amount otherwise
approved under this article and may not continue to disapprove the
requested payment based solely on the disapproval permitted by this
subsection.
SECTION 3. Section 23.101(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b-1), the trial courts
of this state shall regularly and frequently set hearings and
trials of pending matters, giving preference to hearings and trials
of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code;
(v) Section 43.25, Penal Code; or
(vi) Section 20A.02(a)(7), 20A.02(a)(8),
or 20A.03, Penal Code;
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure; [and]
(E) criminal actions against persons who are
detained as provided by Section 51.12, Family Code, after transfer
for prosecution in criminal court under Section 54.02, Family Code;
and
(F) criminal actions in which a defendant is
found competent to stand trial under Article 46B.084, Code of
Criminal Procedure;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 4. Section 33.032(a), Government Code, is amended
to read as follows:
(a) Except as otherwise provided by this section and
Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the
papers filed with and proceedings before the commission are
confidential prior to the filing of formal charges.
SECTION 5. Subchapter B, Chapter 33, Government Code, is
amended by adding Section 33.0325 to read as follows:
Sec. 33.0325. PUBLIC PAPERS AND PROCEEDINGS RELATED TO
CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers
filed with and proceedings held before the commission in connection
with the investigation and resolution of the following complaints
filed with the commission shall be public information:
(1) a complaint alleging a judge failed to timely
notify the attorney representing the state or the attorney for the
defendant of a defendant's return, as required by Article
46B.084(a)(1), Code of Criminal Procedure; and
(2) a complaint alleging a judge failed to give
preference to a criminal action described by Section
23.101(a)(2)(F) as required by that section.
SECTION 6. Articles 26.04 and 26.05, Code of Criminal
Procedure, as amended by this Act, apply to a criminal case in which
the indictment or information is filed before, on, or after the
effective date of this Act.
SECTION 7. Section 33.0325, Government Code, as added by
this Act, applies only to a complaint filed on or after the
effective date of this Act. A complaint filed before the effective
date of this Act is governed by the law in effect on the date the
complaint was filed, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2023.