| 1 | 1 | | H.B. No. 1603 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the procedures governing the prosecution of misdemeanor |
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| 6 | 6 | | offenses in the jurisdiction of the justice and municipal courts. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 45.031, Code of Criminal Procedure, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Art. 45.031. COUNSEL FOR STATE NOT PRESENT. (a) If the |
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| 11 | 11 | | state is not represented by counsel when the case is called for |
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| 12 | 12 | | trial, the justice or judge may: |
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| 13 | 13 | | (1) postpone the trial to a date certain; |
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| 14 | 14 | | (2) appoint any competent attorney as an attorney pro |
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| 15 | 15 | | tem [as provided by this code] to represent the state, |
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| 16 | 16 | | notwithstanding Article 2.07; or |
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| 17 | 17 | | (3) proceed to trial. |
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| 18 | 18 | | (b) An attorney appointed under Subsection (a) is qualified |
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| 19 | 19 | | to perform the duties of the office of the attorney representing the |
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| 20 | 20 | | state and may be paid a reasonable fee for performing those duties. |
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| 21 | 21 | | SECTION 2. Article 45.031, Code of Criminal Procedure, as |
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| 22 | 22 | | amended by this Act, applies only to a trial that begins on or after |
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| 23 | 23 | | the effective date of this Act, regardless of whether the alleged |
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| 24 | 24 | | offense was committed before, on, or after that date. |
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| 25 | 25 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 26 | 26 | | ______________________________ ______________________________ |
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| 27 | 27 | | President of the Senate Speaker of the House |
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| 28 | 28 | | I certify that H.B. No. 1603 was passed by the House on April |
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| 29 | 29 | | 26, 2023, by the following vote: Yeas 146, Nays 2, 1 present, not |
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| 30 | 30 | | voting. |
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| 31 | 31 | | ______________________________ |
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| 32 | 32 | | Chief Clerk of the House |
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| 33 | 33 | | I certify that H.B. No. 1603 was passed by the Senate on May |
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| 34 | 34 | | 23, 2023, by the following vote: Yeas 31, Nays 0. |
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| 35 | 35 | | ______________________________ |
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| 36 | 36 | | Secretary of the Senate |
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| 37 | 37 | | APPROVED: _____________________ |
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| 38 | 38 | | Date |
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| 39 | 39 | | _____________________ |
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| 40 | 40 | | Governor |
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