Bill Text: TX HB1603 | 2023-2024 | 88th Legislature | Enrolled


Bill Title: Relating to the procedures governing the prosecution of misdemeanor offenses in the jurisdiction of the justice and municipal courts.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1603 Detail]

Download: Texas-2023-HB1603-Enrolled.html
 
 
  H.B. No. 1603
 
 
 
 
AN ACT
  relating to the procedures governing the prosecution of misdemeanor
  offenses in the jurisdiction of the justice and municipal courts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 45.031, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 45.031.  COUNSEL FOR STATE NOT PRESENT. (a) If the
  state is not represented by counsel when the case is called for
  trial, the justice or judge may:
               (1)  postpone the trial to a date certain;
               (2)  appoint any competent attorney as an attorney pro
  tem [as provided by this code] to represent the state,
  notwithstanding Article 2.07; or
               (3)  proceed to trial.
         (b)  An attorney appointed under Subsection (a) is qualified
  to perform the duties of the office of the attorney representing the
  state and may be paid a reasonable fee for performing those duties.
         SECTION 2.  Article 45.031, Code of Criminal Procedure, as
  amended by this Act, applies only to a trial that begins on or after
  the effective date of this Act, regardless of whether the alleged
  offense was committed before, on, or after that date.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1603 was passed by the House on April
  26, 2023, by the following vote:  Yeas 146, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1603 was passed by the Senate on May
  23, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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