Texas 2025 - 89th Regular

Texas Senate Bill SB2111

Filed
3/10/25  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

Impact

The proposed changes are expected to strengthen the legal rights of indigent defendants by formalizing the process for appointment of counsel and clarifying the criteria for potential merit in claims for relief. The bill specifies that the courts must respond to requests for representation without delays. Furthermore, an expanded framework for managed assigned counsel programs aims to improve the overall quality of legal defense services provided to those in need, particularly in relation to felony and family law matters.

Summary

Senate Bill 2111, introduced in 2025, seeks to amend the Code of Criminal Procedure to enhance legal representation for indigent defendants in Texas. The bill mandates that courts appoint attorneys for eligible indigent defendants who have potentially meritorious claims for relief, thus ensuring that those unable to afford legal counsel receive adequate representation. This is particularly aimed at improving the appointment of counsel in proceedings related to habeas corpus petitions, acknowledging the significant impact of representation in the criminal justice system.

Sentiment

The sentiment surrounding SB 2111 appears largely positive among advocacy groups and legal professionals who argue that it is a significant step towards ensuring fair representation in the legal system. Supporters praise the bill for addressing systemic issues faced by low-income individuals in accessing justice. However, some concerns have been raised regarding funding and the feasibility of implementation, particularly in terms of managing the increased caseload for public defenders and ensuring adequate resources for training and oversight.

Contention

Notable points of contention arise around how the bill might be funded and the potential burden on existing legal aid resources. Critics suggest that while the bill aims to improve access to legal representation, it could inadvertently strain public defender offices that are already under-resourced. Additionally, the debate over how effectively the bill can be implemented across diverse jurisdictions remains a hot topic. There are fears that without sufficient financial backing and support mechanisms, the ambitious goals of the legislation may not be fully realized.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 183. Mixed Beverage Taxes
    • Section: New Section
  • Chapter 25. Local Appraisal
    • Section: 025
    • Section: 025

Transportation Code

  • Chapter 730. Motor Vehicle Records Disclosure Act
    • Section: 007
    • Section: 007

Code Of Criminal Procedure

  • Chapter 11. Habeas Corpus
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 15. Arrest Under Warrant
    • Section: 17
    • Section: New Section
    • Section: New Section
  • Chapter 26. Arraignment
    • Section: New Section
    • Section: New Section
    • Section: New Section

Education Code

  • Chapter 61. Texas Higher Education Coordinating Board
    • Section: New Section

Government Code

  • Chapter 79. Texas Indigent Defense Commission
    • Section: New Section
    • Section: 037
  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 1272
    • Section: 1272
    • Section: New Section

Companion Bills

TX HB4915

Identical Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

Previously Filed As

TX SB2570

Relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer.

TX SB1896

Relating to the provision of information regarding an arrested person and the victim of the offense to a magistrate for purposes of an order for emergency protection.

TX SB663

Relating to the approval of a community supervision and corrections department's budget and strategic plan.

TX SB1020

Relating to personal bond offices, to the notification provided to a judge regarding tampering with an electronic monitoring device while released on bond or community supervision, and to the availability of certain information regarding a person required to submit to an electronic monitoring program or being supervised by a community supervision and corrections department.

TX SB2371

Relating to skimmers on electronic terminals; authorizing a civil penalty; creating criminal offenses.

TX SB2797

Relating to discovery requirements in a criminal case.

TX SB1164

Relating to emergency detention of certain persons evidencing mental illness and to court-ordered inpatient and extended mental health services.

Similar Bills

TX SB170

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB1754

Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

TX HB4915

Relating to legal representation of indigent persons in this state and to proceedings before a magistrate including the appointment of counsel for an indigent defendant.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX SB780

Relating to the prioritization of certain available legal defense services when appointing representation for an indigent defendant in a criminal case.

TX HB1318

Relating to the appointment of counsel to represent certain youths and indigent defendants.

TX SB1322

Relating to indigent defense.