H.B. No. 1178
 
 
 
 
AN ACT
  relating to procedures applicable to waivers of the right to
  counsel in certain adversary judicial proceedings that may result
  in punishment by confinement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 1.051, Code of Criminal Procedure, is
  amended by amending Subsections (e), (f), and (g) and adding
  Subsections (f-1) and (f-2) to read as follows:
         (e)  An appointed counsel is entitled to 10 days to prepare
  for a proceeding but may waive the preparation time with the consent
  of the defendant in writing or on the record in open court. If a
  nonindigent defendant [or an indigent defendant who has refused
  appointed counsel in order to retain private counsel] appears
  without counsel at a proceeding after having been given a
  reasonable opportunity to retain counsel, the court, on 10 days'
  notice to the defendant of a dispositive setting, may proceed with
  the matter without securing a written waiver or appointing counsel.
  If an indigent defendant who has refused appointed counsel in order
  to retain private counsel appears without counsel after having been
  given an opportunity to retain counsel, the court, after giving the
  defendant a reasonable opportunity to request appointment of
  counsel or, if the defendant elects not to request appointment of
  counsel, after obtaining a waiver of the right to counsel pursuant
  to Subsections (f) and (g), may proceed with the matter on 10 days'
  notice to the defendant of a dispositive setting.
         (f)  A defendant may voluntarily and intelligently waive in
  writing the right to counsel. A waiver obtained in violation of
  Subsection (f-1) or (f-2) is presumed invalid.
         (f-1)  In any adversary judicial proceeding that may result
  in punishment by confinement, the attorney representing the state
  may not:
               (1)  initiate or encourage an attempt to obtain from a
  defendant who is not represented by counsel a waiver of the right to
  counsel; or
               (2)  communicate with a defendant who has requested the
  appointment of counsel, unless the court or the court's designee
  authorized under Article 26.04 to appoint counsel for indigent
  defendants in the county has denied the request and, subsequent to
  the denial, the defendant:
                     (A)  has been given a reasonable opportunity to
  retain and has failed to retain private counsel; or
                     (B)  waives or has waived the opportunity to
  retain private counsel.
         (f-2)  In any adversary judicial proceeding that may result
  in punishment by confinement, the court may not direct or encourage
  the defendant to communicate with the attorney representing the
  state until the court advises the defendant of the right to counsel
  and the procedure for requesting appointed counsel and the
  defendant has been given a reasonable opportunity to request
  appointed counsel. If the defendant has requested appointed
  counsel, the court may not direct or encourage the defendant to
  communicate with the attorney representing the state unless the
  court or the court's designee authorized under Article 26.04 to
  appoint counsel for indigent defendants in the county has denied
  the request and, subsequent to the denial, the defendant:
               (1)  has been given a reasonable opportunity to retain
  and has failed to retain private counsel; or
               (2)  waives or has waived the opportunity to retain
  private counsel.
         (g)  If a defendant wishes to waive the [his] right to
  counsel for purposes of entering a guilty plea or proceeding to
  trial, the court shall advise the defendant [him] of the nature of
  the charges against the defendant and, if the defendant is
  proceeding to trial, the dangers and disadvantages of
  self-representation. If the court determines that the waiver is
  voluntarily and intelligently made, the court shall provide the
  defendant with a statement substantially in the following form,
  which, if signed by the defendant, shall be filed with and become
  part of the record of the proceedings:
               "I have been advised this ______ day of
  __________, 2 [19] ____, by the (name of court) Court
  of my right to representation by counsel in the case
  [trial of the charge] pending against me. I have been
  further advised that if I am unable to afford counsel,
  one will be appointed for me free of charge.
  Understanding my right to have counsel appointed for
  me free of charge if I am not financially able to
  employ counsel, I wish to waive that right and request
  the court to proceed with my case without an attorney
  being appointed for me. I hereby waive my right to
  counsel. (signature of [the] defendant)"
         SECTION 2.  Article 17.09, Code of Criminal Procedure, is
  amended by adding Section 4 to read as follows:
         Sec. 4.  Notwithstanding any other provision of this
  article, the judge or magistrate in whose court a criminal action is
  pending may not order the accused to be rearrested or require the
  accused to give another bond in a higher amount because the accused:
               (1)  withdraws a waiver of the right to counsel; or
               (2)  requests the assistance of counsel, appointed or
  retained.
         SECTION 3.  (a)  The change in law made by this Act to Article
  1.051(e), Code of Criminal Procedure, applies only to a proceeding
  at which an indigent defendant appears without counsel after having
  refused appointed counsel if the proceeding occurs on or after the
  effective date of this Act. A proceeding at which an indigent
  defendant appears without counsel after having refused appointed
  counsel that occurs before the effective date of this Act is covered
  by the law in effect at the time of the proceeding, and the former
  law is continued in effect for that purpose.
         (b)  The change in law made by this Act to Article 1.051(f),
  Code of Criminal Procedure, applies only to a waiver of counsel or a
  communication with a defendant that occurs on or after the
  effective date of this Act. A waiver of counsel or a communication
  with a defendant that occurred before the effective date of this Act
  is covered by the law in effect at the time the waiver or
  communication occurred, and the former law is continued in effect
  for that purpose.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1178 was passed by the House on April
  17, 2007, by the following vote:  Yeas 98, Nays 35, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1178 was passed by the Senate on May
  17, 2007, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor