88R2674 JCG-D     By: Rose H.B. No. 1383       A BILL TO BE ENTITLED   AN ACT   relating to procedures in a criminal case after a defendant is found   competent to stand trial and to consequences arising from certain   violations of those procedures.          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.  Article 46B.084, Code of Criminal Procedure, is   amended by adding Subsection (d-2) to read as follows:          (d-2)  Notwithstanding Subsection (d), if the defendant is   found competent to stand trial, the court not later than the 30th   day after the date of that finding shall set a trial date for the   case.          SECTION 4.  Section 33.032(a), Government Code, is amended   to read as follows:          (a)  Except as otherwise provided by this section and   Sections 33.022(j), 33.0322, 33.0325, and [Section] 33.034, the   papers filed with and proceedings before the commission are   confidential prior to the filing of formal charges.          SECTION 5.  Subchapter B, Chapter 33, Government Code, is   amended by adding Section 33.0325 to read as follows:          Sec. 33.0325.  PUBLIC PAPERS AND PROCEEDINGS RELATED TO   CERTAIN COMPLAINTS INVOLVING INCOMPETENCY PROCEEDINGS. The papers   filed with and proceedings held before the commission in connection   with the investigation and resolution of the following complaints   filed with the commission shall be public information:                (1)  a complaint alleging a judge failed to timely   notify the attorney representing the state or the attorney for the   defendant of a defendant's return, as required by Article   46B.084(a)(1), Code of Criminal Procedure; and                (2)  a complaint alleging a judge failed to timely set a   trial date for a case as required by Article 46B.084(d-2), Code of   Criminal Procedure.          SECTION 6.  Articles 26.04, 26.05, and 46B.084, 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 7.  Section 33.0325, Government Code, as added by   this Act, applies only to a complaint filed on or after the   effective date of this Act.  A complaint filed before the effective   date of this Act is governed by the law in effect on the date the   complaint was filed, and the former law is continued in effect for   that purpose.          SECTION 8.  This Act takes effect September 1, 2023.