Bill Text: TX HB3988 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures governing the prosecution of misdemeanor offenses in the jurisdiction of the justice and municipal courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB3988 Detail]
Download: Texas-2021-HB3988-Introduced.html
Bill Title: Relating to the procedures governing the prosecution of misdemeanor offenses in the jurisdiction of the justice and municipal courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB3988 Detail]
Download: Texas-2021-HB3988-Introduced.html
87R7480 AJZ-F | ||
By: Guillen | H.B. No. 3988 |
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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 [ |
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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 on filing an oath with the clerk of the court 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, 2021. |