| 1 | 1 | | 88R15276 AJZ-F |
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| 2 | 2 | | By: Garcia H.B. No. 5041 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of an attorney pro tem for certain |
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| 8 | 8 | | criminal proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 2.07, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsections (a) and (b) and adding Subsections |
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| 12 | 12 | | (c), (c-1), and (e) to read as follows: |
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| 13 | 13 | | (a) Whenever an attorney for the state is disqualified to |
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| 14 | 14 | | act in any case or proceeding, is absent from the county or |
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| 15 | 15 | | district, or is otherwise unable to perform the duties of the |
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| 16 | 16 | | attorney's office, or in any instance where there is no attorney for |
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| 17 | 17 | | the state, the judge of the court in which the attorney represents |
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| 18 | 18 | | the state may appoint any competent attorney [, from any county or |
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| 19 | 19 | | district, an attorney for the state or may appoint an assistant |
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| 20 | 20 | | attorney general] to perform the duties of the office during the |
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| 21 | 21 | | absence or disqualification of the attorney for the state. For |
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| 22 | 22 | | purposes of this subsection, "competent attorney" includes an |
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| 23 | 23 | | assistant attorney general. |
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| 24 | 24 | | (b) Except as otherwise provided by this subsection, if the |
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| 25 | 25 | | appointed attorney is also an attorney for the state, the duties of |
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| 26 | 26 | | the appointed office are additional duties of the appointed |
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| 27 | 27 | | attorney's present office, and the attorney is not entitled to |
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| 28 | 28 | | additional compensation. This subsection does not prevent a |
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| 29 | 29 | | commissioners court of a county from contracting with another |
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| 30 | 30 | | commissioners court to pay expenses and reimburse compensation paid |
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| 31 | 31 | | by a county to an attorney for the state who is appointed to perform |
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| 32 | 32 | | additional duties. |
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| 33 | 33 | | (c) If the appointed attorney under Subsection (a) is not an |
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| 34 | 34 | | attorney for the state, the attorney is qualified to perform the |
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| 35 | 35 | | duties of the office, for the period of absence or disqualification |
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| 36 | 36 | | of the attorney for the state, on the filing of an oath with the |
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| 37 | 37 | | clerk of the court. An attorney described by this subsection is |
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| 38 | 38 | | entitled to receive compensation in the same amount and manner as an |
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| 39 | 39 | | attorney appointed to represent an indigent person. |
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| 40 | 40 | | (c-1) An attorney appointed under Subsection (a) to perform |
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| 41 | 41 | | the duties of the office of an attorney for the state in a justice or |
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| 42 | 42 | | municipal court may be paid a reasonable fee for performing those |
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| 43 | 43 | | duties. |
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| 44 | 44 | | (e) In Subsections (b) and (c) of this article, "attorney |
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| 45 | 45 | | for the state" includes an assistant attorney general. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2023. |
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