By: Martinez Fischer	H.B. No. 4699

	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), (c), (e), (f), (g) 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, 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.  However, if after a reasonable effort
	has been made to appoint an attorney for the state from another
	county or district, or assistant attorney general and a commitment
	to take the appointment has not been received, the court may appoint
	any competent counsel.
	(b)  Except as otherwise provided by this subsection, 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 who is appointed to
	perform additional duties. (b-1) An attorney for the state who is
	not disqualified to act may request the court to permit the
	attorney's recusal in a case for good cause, and on approval by the
	court, the attorney is disqualified.
	(b-1)  An attorney for the state who is not disqualified to
	act may request the court to permit the attorney's recusal in a case
	for good cause, and on approval by the court, the attorney is
	disqualified.
	(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
	341 ), Sec. 4, eff. September 1, 2019. If the appointed attorney is
	not an attorney for the state, he is qualified to perform the duties
	of the office for the period of absence or disqualification of the
	attorney for the state on filing an oath with the clerk of the
	court.  He shall receive compensation in the same amount and manner
	as an attorney appointed to represent an indigent person.
	(d)  In this article, "attorney for the state" means a county
	attorney with criminal jurisdiction, a district attorney, or a
	criminal district attorney.
	(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
	341 ), Sec. 4, eff. September 1, 2019. In Subsections (b) and (c) of
	this article, "attorney for the state" includes an assistant
	attorney general.
	(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
	341 ), Sec. 4, eff. September 1, 2019. In Subsection (a) of this
	article, "competent attorney" includes an assistant attorney
	general.
	(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 580 (S.B.
	341), Sec. 4, eff. September 1, 2019. (g) An attorney appointed
	under Subsection (a) of this article 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.
	SECTION 2.  The change in law made by this Act in amending
	Article 2.07, Code of Criminal Procedure, applies only to the
	appointment of an attorney pro tem that occurs on or after the
	effective date of this Act. The appointment of an attorney pro tem
	that occurs before the effective date of this Act is governed by the
	law in effect on the date the attorney pro tem was appointed, and
	the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2023.