88R15276 AJZ-F
By: Garcia H.B. No. 5041
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an attorney pro tem for certain
criminal proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.07, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsections
(c), (c-1), and (e) to read as follows:
(a) Whenever an attorney for the state is disqualified to
act in any case or proceeding, is absent from the county or
district, or is otherwise unable to perform the duties of the
attorney's office, or in any instance where there is no attorney for
the state, the judge of the court in which the attorney represents
the state may appoint any competent attorney [, from any county or
district, an attorney for the state or may appoint an assistant
attorney general] to perform the duties of the office during the
absence or disqualification of the attorney for the state. For
purposes of this subsection, "competent attorney" includes an
assistant attorney general.
(b) Except as otherwise provided by this subsection, if the
appointed attorney is also an attorney for the state, the duties of
the appointed office are additional duties of the appointed
attorney's present office, and the attorney is not entitled to
additional compensation. This subsection does not prevent a
commissioners court of a county from contracting with another
commissioners court to pay expenses and reimburse compensation paid
by a county to an attorney for the state who is appointed to perform
additional duties.
(c) If the appointed attorney under Subsection (a) is not an
attorney for the state, the attorney is qualified to perform the
duties of the office, for the period of absence or disqualification
of the attorney for the state, on the filing of an oath with the
clerk of the court. An attorney described by this subsection is
entitled to receive compensation in the same amount and manner as an
attorney appointed to represent an indigent person.
(c-1) An attorney appointed under Subsection (a) to perform
the duties of the office of an attorney for the state in a justice or
municipal court may be paid a reasonable fee for performing those
duties.
(e) In Subsections (b) and (c) of this article, "attorney
for the state" includes an assistant attorney general.
SECTION 2. This Act takes effect September 1, 2023.