HBA-GUM, KMH H.B. 1752 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1752
By: Coleman
Judicial Affairs
7/6/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the Code of Criminal Procedure
addressed the matter and method of compensation to be paid to legal counsel
for a defendant in a criminal proceeding. However, there was no specific
language in the Code of Criminal Procedure pertaining to compensation to a
licensed private investigator who works on behalf of the defendant.
Private investigators most often rely on payment from the defendant's legal
counsel.  This method of compensation can cause delay in payment to a
private investigator for services rendered. 

H.B. 1752 authorizes advanced payment for expenses anticipated or
reimbursement of expenses incurred for purposes of investigation or expert
testimony to be paid directly to a duly licensed private investigator or an
expert witness in the manner designated by appointed counsel and approved
by the court from county funds. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.05, Code of Criminal Procedure, by adding
Subsection (f), to authorize reimbursement of expenses incurred for
purposes of investigation or expert testimony to be paid directly to a duly
licensed private investigator or an expert witness in the manner designated
by appointed counsel and approved by the court. 

SECTION 2.  Amends Article 26.052, Code of Criminal Procedure, by amending
Subsection (l), to authorize advanced payment of expenses anticipated or
reimbursement of expenses incurred for purposes of investigation or expert
testimony to be paid directly to a duly licensed private investigator or an
expert witness in the manner designated by appointed counsel and approved
by the court. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.