TX HB5072

Requires that in capital felony cases where the death penalty cannot be sought due to a ruling by the U.S. Supreme Court, Texas Court of Criminal Appeals, or Texas Supreme Court, counsel must be appointed using the same guidelines as first degree felony cases rather than death penalty case standards

Increases the minimum size of local selection committees for capital case counsel from four members to five members, including at least two district judges instead of the previous requirement of one

Changes terminology throughout the statute from "death penalty" cases to "capital felony" cases and relaxes some attorney qualification requirements by changing "and" to "or" for certain experience criteria

Modifies lead counsel qualification standards to require experience with homicide trials "or" other first degree/capital felony trials, rather than "and," and similarly adjusts appellate counsel requirements for authoring briefs

Removes the provision requiring committees to remove attorneys from the qualified list for failing to provide proof of continuing legal education completion, while maintaining the CLE requirement itself

Applies only to capital felony cases filed on or after September 1, 2025