89R5029 JCG-D
By: Eckhardt S.B. No. 632
A BILL TO BE ENTITLED
AN ACT
relating to consequences arising from a failure by appointed
counsel in a criminal case to timely meet and confer with the
defendant after the defendant is found competent to stand trial.
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. 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 4. This Act takes effect September 1, 2025.