Texas 2011 - 82nd Regular

Texas Senate Bill SB170 Compare Versions

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1	1	By: Ellis, Hinojosa S.B. No. 170
2	2	(In the Senate - Filed November 8, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Criminal Justice;
4	4	March 14, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; March 14, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 170 By: Ellis
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the reorganization of powers and duties among agencies
13	13	in this state that provide representation to indigent defendants in
14	14	criminal cases and to the reorganization of funding sources for
15	15	indigent defense.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subtitle F, Title 2, Government Code, is amended
18	18	by adding Chapter 79 to read as follows:
19	19	CHAPTER 79. TEXAS INDIGENT DEFENSE COMMISSION
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 79.001. DEFINITIONS. In this chapter:
22	22	(1) "Assigned counsel program" means a system under
23	23	which private attorneys, acting as independent contractors and
24	24	compensated with public funds, are individually appointed to
25	25	provide legal representation and services to a particular indigent
26	26	defendant accused of a crime or juvenile offense.
27	27	(2) "Board" means the governing board of the Texas
28	28	Indigent Defense Commission.
29	29	(3) "Commission" means the agency known as the Texas
30	30	Indigent Defense Commission.
31	31	(4) "Contract defender program" means a system under
32	32	which private attorneys, acting as independent contractors and
33	33	compensated with public funds, are engaged to provide legal
34	34	representation and services to a group of unspecified indigent
35	35	defendants who appear before a particular court or group of courts.
36	36	(5) "Council" means the Texas Judicial Council.
37	37	(6) "Crime" means:
38	38	(A) a misdemeanor punishable by confinement; or
39	39	(B) a felony.
40	40	(7) "Defendant" means a person accused of a crime or a
41	41	juvenile offense.
42	42	(8) "Executive director" means the executive director
43	43	of the Texas Indigent Defense Commission.
44	44	(9) "Indigent defense support services" means
45	45	criminal defense services that:
46	46	(A) are provided by licensed investigators,
47	47	experts, or other similar specialists, including forensic experts
48	48	and mental health experts; and
49	49	(B) are reasonable and necessary for appointed
50	50	counsel to provide adequate representation to indigent defendants.
51	51	(10) "Juvenile offense" means conduct committed by a
52	52	person while younger than 17 years of age that constitutes:
53	53	(A) a misdemeanor punishable by confinement; or
54	54	(B) a felony.
55	55	(11) "Managed assigned counsel program" has the
56	56	meaning assigned by Article 26.047, Code of Criminal Procedure.
57	57	(12) "Office of capital writs" means the office of
58	58	capital writs established under Subchapter B, Chapter 78.
59	59	(13) "Public defender's office" has the meaning
60	60	assigned by Article 26.044(a), Code of Criminal Procedure.
61	61	Sec. 79.002. ESTABLISHMENT OF COMMISSION. (a) The Texas
62	62	Indigent Defense Commission is established. The commission is an
63	63	agency in the judicial branch of this state.
64	64	(b) The commission operates under the direction and
65	65	supervision of a governing board.
66	66	Sec. 79.003. SUNSET PROVISION. The commission is subject
67	67	to Chapter 325 (Texas Sunset Act). Unless continued in existence as
68	68	provided by that chapter, the commission is abolished and this
69	69	chapter expires September 1, 2023.
70	70	[Sections 79.004-79.010 reserved for expansion]
71	71	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
72	72	Sec. 79.011. ESTABLISHMENT OF BOARD; COMPOSITION. (a) The
73	73	commission is governed by a board consisting of eight ex officio
74	74	members and five appointive members.
75	75	(b) Except as provided by Section 79.038, the board shall
76	76	exercise the powers and perform the duties under this chapter
77	77	independently of the council.
78	78	Sec. 79.012. EXECUTIVE DIRECTOR. (a) The executive
79	79	director is appointed by the board.
80	80	(b) The executive director:
81	81	(1) must be a licensed attorney;
82	82	(2) must demonstrate an interest in the standards for
83	83	and provision of criminal defense services to indigent individuals;
84	84	(3) may not engage in the private practice of law; and
85	85	(4) may not accept money, property, or any other thing
86	86	of value not authorized by law for services rendered under this
87	87	chapter.
88	88	Sec. 79.013. EX OFFICIO MEMBERS. The ex officio members of
89	89	the board are:
90	90	(1) the following six members of the council:
91	91	(A) the chief justice of the supreme court;
92	92	(B) the presiding judge of the court of criminal
93	93	appeals;
94	94	(C) one of the members of the senate serving on
95	95	the council who is designated by the lieutenant governor;
96	96	(D) the member of the house of representatives
97	97	appointed by the speaker of the house;
98	98	(E) one of the courts of appeals justices serving
99	99	on the council who is designated by the governor; and
100	100	(F) one of the county court or statutory county
101	101	court judges serving on the council who is designated by the
102	102	governor or, if a county court or statutory county court judge is
103	103	not serving on the council, one of the statutory probate court
104	104	judges serving on the council who is designated by the governor;
105	105	(2) one other member of the senate, appointed by the
106	106	lieutenant governor; and
107	107	(3) the chair of the House Criminal Jurisprudence
108	108	Committee.
109	109	Sec. 79.014. APPOINTMENTS. (a) The governor shall appoint
110	110	with the advice and consent of the senate five members of the board
111	111	as follows:
112	112	(1) one member who is a district judge serving as a
113	113	presiding judge of an administrative judicial region;
114	114	(2) one member who is a judge of a constitutional
115	115	county court or who is a county commissioner;
116	116	(3) one member who is a practicing criminal defense
117	117	attorney;
118	118	(4) one member who is a chief public defender in this
119	119	state or the chief public defender's designee, who must be an
120	120	attorney employed by the public defender's office; and
121	121	(5) one member who is a judge of a constitutional
122	122	county court or who is a county commissioner of a county with a
123	123	population of 250,000 or more.
124	124	(b) The board members serve staggered terms of two years,
125	125	with two members' terms expiring February 1 of each odd-numbered
126	126	year and three members' terms expiring February 1 of each
127	127	even-numbered year.
128	128	(c) In making appointments to the board, the governor shall
129	129	attempt to reflect the geographic and demographic diversity of the
130	130	state.
131	131	(d) A person may not be appointed to the board if the person
132	132	is required to register as a lobbyist under Chapter 305 because of
133	133	the person's activities for compensation on behalf of a profession
134	134	related to the operation of the commission or the council.
135	135	Sec. 79.015. PRESIDING OFFICER. The board shall select a
136	136	chair from among its members.
137	137	Sec. 79.016. DISCLOSURE REQUIRED. (a) A board member who
138	138	is a chief public defender or who is an attorney employed by a
139	139	public defender's office in a county that applies for funds under
140	140	Section 79.037 shall disclose that fact before a vote by the board
141	141	regarding an award of funds to that county and may not participate
142	142	in such a vote.
143	143	(b) A board member's disclosure under Subsection (a) must be
144	144	entered into the minutes of the board meeting at which the
145	145	disclosure is made or reported, as applicable.
146	146	(c) The commission may not award funds under Section 79.037
147	147	to a county served by a chief public defender or other attorney who
148	148	fails to make a disclosure to the board as required by Subsection
149	149	(a).
150	150	Sec. 79.017. VACANCIES. A vacancy on the board must be
151	151	filled for the unexpired term in the same manner as the original
152	152	appointment. An appointment to fill a vacancy shall be made not
153	153	later than the 90th day after the date the vacancy occurs.
154	154	Sec. 79.018. MEETINGS; QUORUM; VOTING. (a) The board
155	155	shall meet at least four times each year and at such other times as
156	156	it considers necessary or convenient to perform its duties.
157	157	(b) Six members of the board constitute a quorum for
158	158	purposes of transacting the business of the board. The board may
159	159	act only on the concurrence of five board members or a majority of
160	160	the board members present, whichever number is greater. The board
161	161	may adopt policies and standards under Section 79.034 only on the
162	162	concurrence of seven board members.
163	163	(c) Except as provided by Section 79.016, a board member is
164	164	entitled to vote on any matter before the board, except as otherwise
165	165	provided by rules adopted by the board.
166	166	Sec. 79.019. COMPENSATION. A board member may not receive
167	167	compensation for services on the board but is entitled to be
168	168	reimbursed for actual and necessary expenses incurred in
169	169	discharging board duties. The expenses are paid from funds
170	170	appropriated to the board.
171	171	Sec. 79.020. IMMUNITY FROM LIABILITY. A member of the board
172	172	performing duties on behalf of the board is not liable for damages
173	173	arising from an act or omission within the scope of those duties.
174	174	Sec. 79.021. RULES. The board shall adopt rules as
175	175	necessary to implement this chapter.
176	176	[Sections 79.022-79.030 reserved for expansion]
177	177	SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION
178	178	Sec. 79.031. FAIR DEFENSE ACCOUNT. The fair defense
179	179	account is an account in the general revenue fund that may be
180	180	appropriated only to:
181	181	(1) the commission for the purpose of implementing
182	182	this chapter; and
183	183	(2) the office of capital writs for the purpose of
184	184	implementing Subchapter B, Chapter 78.
185	185	Sec. 79.032. ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;
186	186	STATE GRANTS TEAM. (a) The commission may accept gifts, grants,
187	187	and other funds from any public or private source to pay expenses
188	188	incurred in performing its duties under this chapter.
189	189	(b) The State Grants Team of the Governor's Office of
190	190	Budget, Planning, and Policy may assist the commission in
191	191	identifying grants and other resources available for use by the
192	192	commission in performing its duties under this chapter.
193	193	Sec. 79.033. LEGISLATIVE APPROPRIATIONS REQUEST. The
194	194	board, in accordance with the rules and procedures of the
195	195	Legislative Budget Board, shall prepare, approve, and submit a
196	196	legislative appropriations request.
197	197	Sec. 79.034. POLICIES AND STANDARDS. (a) The commission
198	198	shall develop policies and standards for providing legal
199	199	representation and other defense services to indigent defendants at
200	200	trial, on appeal, and in postconviction proceedings. The policies
201	201	and standards may include:
202	202	(1) performance standards for counsel appointed to
203	203	represent indigent defendants;
204	204	(2) qualification standards under which attorneys may
205	205	qualify for appointment to represent indigent defendants,
206	206	including:
207	207	(A) qualifications commensurate with the
208	208	seriousness of the nature of the proceeding;
209	209	(B) qualifications appropriate for
210	210	representation of mentally ill defendants and noncitizen
211	211	defendants;
212	212	(C) successful completion of relevant continuing
213	213	legal education programs approved by the council; and
214	214	(D) testing and certification standards;
215	215	(3) standards for ensuring appropriate appointed
216	216	caseloads for counsel appointed to represent indigent defendants;
217	217	(4) standards for determining whether a person accused
218	218	of a crime or juvenile offense is indigent;
219	219	(5) policies and standards governing the organization
220	220	and operation of an assigned counsel program;
221	221	(6) policies and standards governing the organization
222	222	and operation of a public defender's office consistent with
223	223	recognized national policies and standards;
224	224	(7) standards for providing indigent defense services
225	225	under a contract defender program consistent with recognized
226	226	national policies and standards;
227	227	(8) standards governing the reasonable compensation
228	228	of counsel appointed to represent indigent defendants;
229	229	(9) standards governing the availability and
230	230	reasonable compensation of providers of indigent defense support
231	231	services for counsel appointed to represent indigent defendants;
232	232	(10) standards governing the operation of a legal
233	233	clinic or program that provides legal services to indigent
234	234	defendants and is sponsored by a law school approved by the supreme
235	235	court;
236	236	(11) policies and standards governing the appointment
237	237	of attorneys to represent children in proceedings under Title 3,
238	238	Family Code;
239	239	(12) policies and standards governing the
240	240	organization and operation of a managed assigned counsel program
241	241	consistent with nationally recognized policies and standards; and
242	242	(13) other policies and standards for providing
243	243	indigent defense services as determined by the commission to be
244	244	appropriate.
245	245	(b) The commission shall submit its proposed policies and
246	246	standards developed under Subsection (a) to the board for adoption.
247	247	The board shall adopt the proposed policies and standards as
248	248	appropriate.
249	249	(c) Any qualification standards adopted by the board under
250	250	Subsection (b) that relate to the appointment of counsel in a death
251	251	penalty case must be consistent with the standards specified under
252	252	Article 26.052(d), Code of Criminal Procedure. An attorney who is
253	253	identified by the commission as not satisfying performance or
254	254	qualification standards adopted by the board under Subsection (b)
255	255	may not accept an appointment in a capital case.
256	256	Sec. 79.035. COUNTY REPORTING PLAN; COMMISSION REPORTS.
257	257	(a) The commission shall develop a plan that establishes statewide
258	258	requirements for counties relating to reporting indigent defense
259	259	information. The plan must include provisions designed to reduce
260	260	redundant reporting by counties and provisions that take into
261	261	consideration the costs to counties of implementing the plan
262	262	statewide. The commission shall use the information reported by a
263	263	county to monitor the effectiveness of the county's indigent
264	264	defense policies, standards, and procedures and to ensure
265	265	compliance by the county with the requirements of state law
266	266	relating to indigent defense. The commission may revise the plan as
267	267	necessary to improve monitoring of indigent defense policies,
268	268	standards, and procedures in this state.
269	269	(b) The commission shall annually submit to the governor,
270	270	lieutenant governor, speaker of the house of representatives, and
271	271	council and shall publish in written and electronic form a report:
272	272	(1) containing any information submitted to the
273	273	commission by a county under Section 79.036; and
274	274	(2) regarding:
275	275	(A) the quality of legal representation provided
276	276	by counsel appointed to represent indigent defendants;
277	277	(B) current indigent defense practices in the
278	278	state as compared to state and national standards;
279	279	(C) efforts made by the commission to improve
280	280	indigent defense practices in the state; and
281	281	(D) recommendations made by the commission for
282	282	improving indigent defense practices in the state.
283	283	(c) The commission shall annually submit to the Legislative
284	284	Budget Board and council and shall publish in written and
285	285	electronic form a detailed report of all expenditures made under
286	286	this subchapter, including distributions under Section 79.037.
287	287	(d) The commission may issue other reports relating to
288	288	indigent defense as determined to be appropriate by the commission.
289	289	Sec. 79.036. INDIGENT DEFENSE INFORMATION. (a) In each
290	290	county, at the time and in the form and manner prescribed by the
291	291	commission and as otherwise requested by the commission, the
292	292	following information shall be prepared and provided to the
293	293	commission:
294	294	(1) an initial report containing a copy of all formal
295	295	and informal rules and forms that describe the procedures used in
296	296	the county to provide indigent defendants with counsel in
297	297	accordance with the Code of Criminal Procedure, including the
298	298	schedule of fees required under Article 26.05 of that code; and
299	299	(2) a supplemental report containing any revisions to
300	300	the rules or forms previously submitted to the commission under
301	301	this section.
302	302	(b) The commission promptly shall notify a county if a
303	303	change to the county's submission under Subsection (a) will be
304	304	required based on:
305	305	(1) the decision of a court;
306	306	(2) a statutory change; or
307	307	(3) a new policy or standard adopted by the board.
308	308	(c) Except as provided by Subsection (d):
309	309	(1) the local administrative district judge in each
310	310	county, or the person designated by the judge, shall perform the
311	311	action required by Subsection (a) with respect to all rules and
312	312	forms adopted by the judges of the district courts trying felony
313	313	cases in the county; and
314	314	(2) the local administrative statutory county court
315	315	judge in each county, or the person designated by the judge, shall
316	316	perform the action required by Subsection (a) with respect to all
317	317	rules and forms adopted by the judges of the county courts and
318	318	statutory county courts trying misdemeanor cases in the county.
319	319	(d) If the judges of two or more levels of courts described
320	320	by Subsection (c) adopt the same formal and informal rules and
321	321	forms, the local administrative judge serving the courts having
322	322	jurisdiction over offenses with the highest classification of
323	323	punishment, or the person designated by the judge, shall perform
324	324	the action required by Subsection (a).
325	325	(e) The chair of the juvenile board in each county, or the
326	326	person designated by the chair, shall perform the action required
327	327	by Subsection (a) with respect to all rules and forms adopted by the
328	328	juvenile board.
329	329	(f) In each county, the county auditor, or the person
330	330	designated by the commissioners court if the county does not have a
331	331	county auditor, shall prepare and send to the commission in the form
332	332	and manner prescribed by the commission and on a monthly,
333	333	quarterly, or annual basis, with respect to legal services provided
334	334	in the county to indigent defendants during each fiscal year,
335	335	information showing the total amount expended by the county to
336	336	provide indigent defense services and an analysis of the amount
337	337	expended by the county:
338	338	(1) in each district, county, statutory county, and
339	339	appellate court;
340	340	(2) in cases for which a private attorney is appointed
341	341	for an indigent defendant;
342	342	(3) in cases for which a public defender's office is
343	343	appointed for an indigent defendant;
344	344	(4) in cases for which counsel is appointed for an
345	345	indigent juvenile under Section 51.10(f), Family Code; and
346	346	(5) for investigation expenses, expert witness
347	347	expenses, or other litigation expenses.
348	348	(g) As a duty of office, each district and county clerk
349	349	shall cooperate with the county auditor or the person designated by
350	350	the commissioners court and the commissioners court in retrieving
351	351	information required to be sent to the commission under this
352	352	section.
353	353	Sec. 79.037. TECHNICAL SUPPORT; GRANTS. (a) The
354	354	commission shall:
355	355	(1) provide technical support to:
356	356	(A) assist counties in improving their indigent
357	357	defense systems; and
358	358	(B) promote compliance by counties with the
359	359	requirements of state law relating to indigent defense;
360	360	(2) direct the comptroller to distribute funds,
361	361	including grants, to counties to provide indigent defense services
362	362	in the county; and
363	363	(3) monitor each county that receives a grant and
364	364	enforce compliance by the county with the conditions of the grant,
365	365	including enforcement by directing the comptroller to:
366	366	(A) withdraw grant funds; or
367	367	(B) require reimbursement of grant funds by the
368	368	county.
369	369	(b) The commission shall direct the comptroller to
370	370	distribute funds as required by Subsection (a)(2) based on a
371	371	county's compliance with standards adopted by the board and the
372	372	county's demonstrated commitment to compliance with the
373	373	requirements of state law relating to indigent defense.
374	374	(c) The board shall adopt policies to ensure that funds
375	375	under Subsection (a)(2) are allocated and distributed to counties
376	376	in a fair manner.
377	377	(d) A county may not reduce the amount of funds provided for
378	378	indigent defense services in the county because of funds provided
379	379	by the commission under this section.
380	380	Sec. 79.038. ADMINISTRATIVE SUPPORT. The Office of Court
381	381	Administration of the Texas Judicial System shall provide
382	382	administrative support, including information technology services
383	383	support, to the commission as necessary to carry out this chapter.
384	384	SECTION 2. Section 71.001, Government Code, is amended to
385	385	read as follows:
386	386	Sec. 71.001. DEFINITIONS. In this chapter:
387	387	(1) ["Assigned counsel program" means a system under
388	388	which private attorneys, acting as independent contractors and
389	389	compensated with public funds, are individually appointed to
390	390	provide legal representation and services to a particular indigent
391	391	defendant accused of a crime or juvenile offense.
392	392	[(2)] "Chair" means the chair of the council.
393	393	(2) [(3) "Contract defender program" means a system
394	394	under which private attorneys, acting as independent contractors
395	395	and compensated with public funds, are engaged to provide legal
396	396	representation and services to a group of unspecified indigent
397	397	defendants who appear before a particular court or group of courts.
398	398	[(4)] "Council" means the Texas Judicial Council.
399	399	(3) [(5) "Crime" means:
400	400	[(A) a misdemeanor punishable by confinement; or
401	401	[(B) a felony.
402	402	[(6)] "Defendant" means a person accused of a crime or
403	403	[a] juvenile offense, as those terms are defined by Section 79.001.
404	404	(4) [(7) "Indigent defense support services" means
405	405	criminal defense services that:
406	406	[(A) are provided by licensed investigators,
407	407	experts, or other similar specialists, including forensic experts
408	408	and mental health experts; and
409	409	[(B) are reasonable and necessary for appointed
410	410	counsel to provide adequate representation to indigent defendants.
411	411	[(8) "Juvenile offense" means conduct committed by a
412	412	person while younger than 17 years of age that constitutes:
413	413	[(A) a misdemeanor punishable by confinement; or
414	414	[(B) a felony.
415	415	[(9)] "Public defender's office [defender]" has the
416	416	meaning assigned by Article 26.044(a), Code of Criminal Procedure.
417	417	SECTION 3. Subsection (b), Section 78.052, Government Code,
418	418	is amended to read as follows:
419	419	(b) The office shall receive funds for personnel costs and
420	420	expenses:
421	421	(1) as specified in the General Appropriations Act;
422	422	and
423	423	(2) from the fair defense account under Section 79.031
424	424	[71.058], in an amount sufficient to cover personnel costs and
425	425	expenses not covered by appropriations described by Subdivision
426	426	(1).
427	427	SECTION 4. Subsection (b), Section 78.056, Government Code,
428	428	is amended to read as follows:
429	429	(b) The Office of Court Administration of the Texas Judicial
430	430	System and the Texas [Task Force on] Indigent Defense Commission
431	431	shall provide administrative support necessary under this section.
432	432	SECTION 5. Subsection (c), Section 81.054, Government Code,
433	433	is amended to read as follows:
434	434	(c) Fees shall be paid to the clerk of the supreme court.
435	435	The clerk shall retain the fees, other than fees collected under
436	436	Subsection (j), until distributed to the state bar for expenditure
437	437	under the direction of the supreme court to administer this
438	438	chapter. The clerk shall retain the fees collected under
439	439	Subsection (j) until distribution is approved by an order of the
440	440	supreme court. In ordering that distribution, the supreme court
441	441	shall order that the fees collected under Subsection (j) be
442	442	remitted to the comptroller at least as frequently as quarterly.
443	443	The comptroller shall credit 50 percent of the remitted fees to the
444	444	credit of the judicial fund for programs approved by the supreme
445	445	court that provide basic civil legal services to the indigent and
446	446	shall credit the remaining 50 percent of the remitted fees to the
447	447	fair defense account in the general revenue fund which is
448	448	established under Section 79.031 [71.058], to be used, subject to
449	449	all requirements of Section 79.037 [71.062], for demonstration or
450	450	pilot projects that develop and promote best practices for the
451	451	efficient delivery of quality representation to indigent
452	452	defendants in criminal cases at trial, on appeal, and in
453	453	postconviction proceedings.
454	454	SECTION 6. Subsection (c), Section 402.035, Government
455	455	Code, is amended to read as follows:
456	456	(c) The task force is composed of the following:
457	457	(1) the governor or the governor's designee;
458	458	(2) the attorney general or the attorney general's
459	459	designee;
460	460	(3) the executive commissioner of the Health and Human
461	461	Services Commission or the executive commissioner's designee;
462	462	(4) the commissioner of the Department of Family and
463	463	Protective Services or the commissioner's designee;
464	464	(5) the public safety director of the Department of
465	465	Public Safety or the director's designee;
466	466	(6) one representative from each of the following
467	467	state agencies, appointed by the chief administrative officer of
468	468	the respective agency:
469	469	(A) the Texas Workforce Commission;
470	470	(B) the Texas Department of Criminal Justice;
471	471	(C) the Texas Youth Commission;
472	472	(D) the Texas Juvenile Probation Commission; and
473	473	(E) the Texas Alcoholic Beverage Commission; and
474	474	(7) as appointed by the attorney general:
475	475	(A) a chief public defender employed by a public
476	476	defender's office, as defined by Article 26.044(a) [26.044], Code
477	477	of Criminal Procedure, or an attorney designated by the chief
478	478	public defender;
479	479	(B) an attorney representing the state;
480	480	(C) a representative of:
481	481	(i) a hotel and motel association;
482	482	(ii) a district and county attorneys
483	483	association; and
484	484	(iii) a state police association;
485	485	(D) representatives of sheriff's departments;
486	486	(E) representatives of local law enforcement
487	487	agencies affected by human trafficking; and
488	488	(F) representatives of nongovernmental entities
489	489	making comprehensive efforts to combat human trafficking by:
490	490	(i) identifying human trafficking victims;
491	491	(ii) providing legal or other services to
492	492	human trafficking victims;
493	493	(iii) participating in community outreach
494	494	or public awareness efforts regarding human trafficking;
495	495	(iv) providing or developing training
496	496	regarding the prevention of human trafficking; or
497	497	(v) engaging in other activities designed
498	498	to prevent human trafficking.
499	499	SECTION 7. Article 26.04, Code of Criminal Procedure, is
500	500	amended by amending Subsections (a), (d), and (f) and adding
501	501	Subsection (f-1) to read as follows:
502	502	(a) The judges of the county courts, statutory county
503	503	courts, and district courts trying criminal cases in each county,
504	504	by local rule, shall adopt and publish written countywide
505	505	procedures for timely and fairly appointing counsel for an indigent
506	506	defendant in the county arrested for or charged with a misdemeanor
507	507	punishable by confinement or a felony. The procedures must be
508	508	consistent with this article and Articles 1.051, 15.17, 26.05, and
509	509	26.052. A court shall appoint an attorney from a public appointment
510	510	list using a system of rotation, unless the court appoints an
511	511	attorney under Subsection (f), (f-1), (h), or (i). The court shall
512	512	appoint attorneys from among the next five names on the appointment
513	513	list in the order in which the attorneys' names appear on the list,
514	514	unless the court makes a finding of good cause on the record for
515	515	appointing an attorney out of order. An attorney who is not
516	516	appointed in the order in which the attorney's name appears on the
517	517	list shall remain next in order on the list.
518	518	(d) A public appointment list from which an attorney is
519	519	appointed as required by Subsection (a) shall contain the names of
520	520	qualified attorneys, each of whom:
521	521	(1) applies to be included on the list;
522	522	(2) meets the objective qualifications specified by
523	523	the judges under Subsection (e);
524	524	(3) meets any applicable qualifications specified by
525	525	the Texas [Task Force on] Indigent Defense Commission; and
526	526	(4) is approved by a majority of the judges who
527	527	established the appointment list under Subsection (e).
528	528	(f) In a county in which a public defender's office is
529	529	created or designated [defender is appointed] under Article 26.044,
530	530	the court or the courts' designee may appoint that office [the
531	531	public defender] to represent the defendant in accordance with
532	532	guidelines established for the office [public defender].
533	533	(f-1) In a county in which a managed assigned counsel
534	534	program is operated in accordance with Article 26.047, the managed
535	535	assigned counsel program may appoint counsel to represent the
536	536	defendant in accordance with the guidelines established for the
537	537	program.
538	538	SECTION 8. The heading to Article 26.044, Code of Criminal
539	539	Procedure, is amended to read as follows:
540	540	Art. 26.044. PUBLIC DEFENDER'S OFFICE [DEFENDER].
541	541	SECTION 9. Article 26.044, Code of Criminal Procedure, is
542	542	amended by amending Subsections (a) through (m) and adding
543	543	Subsections (b-1) and (c-1) to read as follows:
544	544	(a) In this chapter:
545	545	(1) "Governmental entity" includes a county, a group
546	546	of counties, a department [branch or agency] of a county, an
547	547	administrative judicial region created by Section 74.042,
548	548	Government Code, and any entity created under the Interlocal
549	549	Cooperation Act as permitted by Chapter 791, Government Code.
550	550	(2) "Office of capital writs" means the office of
551	551	capital writs established under Subchapter B, Chapter 78,
552	552	Government Code.
553	553	(3) "Oversight board" means an oversight board
554	554	established in accordance with Article 26.045.
555	555	(4) "Public defender's office [defender]" means an
556	556	entity that:
557	557	(A) is either:
558	558	(i) a governmental entity; or
559	559	(ii) a nonprofit corporation[:
560	560	[(A)] operating under a written agreement with a
561	561	governmental entity, other than an individual judge or court; and
562	562	(B) uses [using] public funds to provide[; and
563	563	[(C) providing] legal representation and
564	564	services to indigent defendants accused of a crime or juvenile
565	565	offense, as those terms are defined by Section 79.001 [71.001],
566	566	Government Code.
567	567	[(3) "Office of capital writs" means the office of
568	568	capital writs established under Subchapter B, Chapter 78,
569	569	Government Code.]
570	570	(b) The commissioners court of any county, on written
571	571	approval of a judge of a county court, statutory county court, or
572	572	district court trying criminal cases or cases under Title 3, Family
573	573	Code, in the county, may create a department of the county or by
574	574	contract may designate a [appoint a governmental entity or]
575	575	nonprofit corporation to serve as a public defender's office
576	576	[defender]. The commissioners courts of two or more counties may
577	577	enter into a written agreement to jointly create or designate
578	578	[appoint] and jointly fund a regional public defender's office
579	579	[defender]. In creating or designating [appointing] a public
580	580	defender's office [defender] under this subsection, the
581	581	commissioners court shall specify or the commissioners courts shall
582	582	jointly specify, if creating or designating [appointing] a regional
583	583	public defender's office [defender]:
584	584	(1) the duties of the public defender's office
585	585	[defender];
586	586	(2) the types of cases to which the public defender's
587	587	office [defender] may be appointed under Article 26.04(f) and the
588	588	courts in which an attorney employed by the public defender's
589	589	office [defender] may be required to appear;
590	590	(3) if the public defender's office is a nonprofit
591	591	corporation, the term during which the contract designating the
592	592	public defender's office is effective and how that contract may be
593	593	renewed on expiration of the term [whether the public defender is
594	594	appointed to serve a term or serve at the pleasure of the
595	595	commissioners court or the commissioners courts]; and
596	596	(4) if an oversight board is established under Article
597	597	26.045 for the public defender's office, the powers and duties that
598	598	have been delegated to the oversight board [the public defender is
599	599	appointed to serve a term, the term of appointment and the
600	600	procedures for removing the public defender].
601	601	(b-1) The applicable commissioners court or commissioners
602	602	courts shall require a written plan from a governmental entity
603	603	serving as a public defender's office.
604	604	(c) Before contracting with a nonprofit corporation to
605	605	serve as [appointing] a public defender's office [defender] under
606	606	Subsection (b), the commissioners court or commissioners courts
607	607	shall solicit proposals for the public defender's office
608	608	[defender].
609	609	(c-1) A written plan under Subsection (b-1) or a proposal
610	610	under Subsection (c) must include:
611	611	(1) a budget for the public defender's office
612	612	[defender], including salaries;
613	613	(2) a description of each personnel position,
614	614	including the chief public defender position;
615	615	(3) the maximum allowable caseloads for each attorney
616	616	employed by the public defender's office [proponent];
617	617	(4) provisions for personnel training;
618	618	(5) a description of anticipated overhead costs for
619	619	the public defender's office [defender]; [and]
620	620	(6) policies regarding the use of licensed
621	621	investigators and expert witnesses by the public defender's office;
622	622	and
623	623	(7) a policy to ensure that the chief public defender
624	624	and other attorneys employed by the public defender's office do not
625	625	provide representation to a defendant if doing so would create a
626	626	conflict of interest that has not been waived by the client
627	627	[proponent].
628	628	(d) After considering each proposal for the public
629	629	defender's office [defender] submitted by a [governmental entity
630	630	or] nonprofit corporation under Subsection (c), the commissioners
631	631	court or commissioners courts shall select a proposal that
632	632	reasonably demonstrates that the public defender's office
633	633	[proponent] will provide adequate quality representation for
634	634	indigent defendants in the county or counties.
635	635	(e) The total cost of the proposal under Subsection (c) may
636	636	not be the sole consideration in selecting a proposal.
637	637	(f) A [To be eligible for appointment as a] public
638	638	defender's office [defender, the governmental entity or nonprofit
639	639	corporation] must be directed by a chief public defender who:
640	640	(1) is a member of the State Bar of Texas;
641	641	(2) has practiced law for at least three years; and
642	642	(3) has substantial experience in the practice of
643	643	criminal law.
644	644	(g) A public defender's office [defender] is entitled to
645	645	receive funds for personnel costs and expenses incurred in
646	646	operating as a public defender's office [defender] in amounts fixed
647	647	by the commissioners court and paid out of the appropriate county
648	648	fund, or jointly fixed by the commissioners courts and
649	649	proportionately paid out of each appropriate county fund if the
650	650	public defender's office [defender] serves more than one county.
651	651	(h) A public defender's office [defender] may employ
652	652	attorneys, licensed investigators, and other personnel necessary
653	653	to perform the duties of the public defender's office [defender] as
654	654	specified by the commissioners court or commissioners courts under
655	655	Subsection (b)(1).
656	656	(i) Except as authorized by this article, the chief public
657	657	defender and other attorneys [or an attorney] employed by a public
658	658	defender's office [defender] may not:
659	659	(1) engage in the private practice of criminal law; or
660	660	(2) accept anything of value not authorized by this
661	661	article for services rendered under this article.
662	662	(j) A public defender's office [defender] may not accept
663	663	[refuse] an appointment under Article 26.04(f) if:
664	664	(1) a conflict of interest exists that has not been
665	665	waived by the client;
666	666	(2) the public defender's office [defender] has
667	667	insufficient resources to provide adequate representation for the
668	668	defendant;
669	669	(3) the public defender's office [defender] is
670	670	incapable of providing representation for the defendant in
671	671	accordance with the rules of professional conduct; or
672	672	(4) the public defender's office [defender] shows
673	673	other good cause for not accepting [refusing] the appointment.
674	674	(k) The judge may remove from a case a person [public
675	675	defender] who violates a provision of Subsection (i).
676	676	(l) A public defender's office [defender] may investigate
677	677	the financial condition of any person the public defender's office
678	678	[defender] is appointed to represent. The public defender's office
679	679	[defender] shall report the results of the investigation to the
680	680	appointing judge. The judge may hold a hearing to determine if the
681	681	person is indigent and entitled to representation under this
682	682	article.
683	683	(m) If it is necessary that an attorney who is not employed
684	684	by [other than] a public defender's office [defender] be appointed,
685	685	the attorney is entitled to the compensation provided by Article
686	686	26.05 of this code.
687	687	SECTION 10. Chapter 26, Code of Criminal Procedure, is
688	688	amended by adding Article 26.045 to read as follows:
689	689	Art. 26.045. PUBLIC DEFENDER OVERSIGHT BOARD. (a) The
690	690	commissioners court of a county or the commissioners courts of two
691	691	or more counties may establish an oversight board for a public
692	692	defender's office created or designated in accordance with this
693	693	chapter.
694	694	(b) The commissioners court or courts that establish an
695	695	oversight board under this article shall appoint members of the
696	696	board. Members may include:
697	697	(1) a criminal or juvenile defense attorney;
698	698	(2) the judge of a trial court in this state that has
699	699	criminal jurisdiction;
700	700	(3) a county commissioner;
701	701	(4) a county judge; and
702	702	(5) a community representative.
703	703	(c) The commissioners court or courts may delegate to the
704	704	board any power or duty of the commissioners court to provide
705	705	oversight of the office under Article 26.044, including:
706	706	(1) recommending selection and removal of a chief
707	707	public defender;
708	708	(2) setting policy for the office; and
709	709	(3) developing a budget proposal for the office.
710	710	SECTION 11. Chapter 26, Code of Criminal Procedure, is
711	711	amended by adding Article 26.047 to read as follows:
712	712	Art. 26.047. MANAGED ASSIGNED COUNSEL PROGRAM. (a) In
713	713	this article:
714	714	(1) "Governmental entity" has the meaning assigned by
715	715	Article 26.044.
716	716	(2) "Managed assigned counsel program" or "program"
717	717	means a program operated with public funds:
718	718	(A) by a governmental entity, nonprofit
719	719	corporation, or bar association under a written agreement with a
720	720	governmental entity, other than an individual judge or court; and
721	721	(B) for the purpose of appointing counsel under
722	722	Article 26.04 or Section 51.10, Family Code.
723	723	(b) The commissioners court of any county, on written
724	724	approval of a judge of the juvenile court of a county or a county
725	725	court, statutory county court, or district court trying criminal
726	726	cases in the county, may appoint a governmental entity, nonprofit
727	727	corporation, or bar association to operate a managed assigned
728	728	counsel program. The commissioners courts of two or more counties
729	729	may enter into a written agreement to jointly appoint and fund a
730	730	governmental entity, nonprofit corporation, or bar association to
731	731	operate a managed assigned counsel program. In appointing an
732	732	entity to operate a managed assigned counsel program under this
733	733	subsection, the commissioners court shall specify or the
734	734	commissioners courts shall jointly specify:
735	735	(1) the types of cases in which the program may appoint
736	736	counsel under Article 26.04 or Section 51.10, Family Code, and the
737	737	courts in which the counsel appointed by the program may be required
738	738	to appear; and
739	739	(2) the term of any agreement establishing a program
740	740	and how the agreement may be terminated or renewed.
741	741	(c) The commissioners court or commissioners courts shall
742	742	require a written plan of operation from an entity operating a
743	743	program under this article. The plan of operation must include:
744	744	(1) a budget for the program, including salaries;
745	745	(2) a description of each personnel position,
746	746	including the program's director;
747	747	(3) the maximum allowable caseload for each attorney
748	748	appointed by the program;
749	749	(4) provisions for training personnel of the program
750	750	and attorneys appointed under the program;
751	751	(5) a description of anticipated overhead costs for
752	752	the program;
753	753	(6) a policy regarding licensed investigators and
754	754	expert witnesses used by attorneys appointed under the program;
755	755	(7) a policy to ensure that appointments are
756	756	reasonably and impartially allocated among qualified attorneys;
757	757	and
758	758	(8) a policy to ensure that an attorney appointed
759	759	under the program does not accept appointment in a case that
760	760	involves a conflict of interest for the attorney that has not been
761	761	waived by all affected clients.
762	762	(d) A program under this article must have a director.
763	763	Unless the program uses a review committee appointed under
764	764	Subsection (e), a program under this article must be directed by a
765	765	person who:
766	766	(1) is a member of the State Bar of Texas;
767	767	(2) has practiced law for at least three years; and
768	768	(3) has substantial experience in the practice of
769	769	criminal law.
770	770	(e) The governmental entity, nonprofit corporation, or bar
771	771	association operating the program may appoint a review committee of
772	772	three or more individuals to approve attorneys for inclusion on the
773	773	program's public appointment list described by Subsection (f).
774	774	Each member of the committee:
775	775	(1) must meet the requirements described by Subsection
776	776	(d);
777	777	(2) may not be employed as a prosecutor; and
778	778	(3) may not be included on or apply for inclusion on
779	779	the public appointment list described by Subsection (f).
780	780	(f) The program's public appointment list from which an
781	781	attorney is appointed must contain the names of qualified
782	782	attorneys, each of whom:
783	783	(1) applies to be included on the list;
784	784	(2) meets any applicable requirements specified by the
785	785	procedure for appointing counsel adopted under Article 26.04(a) and
786	786	the Texas Indigent Defense Commission; and
787	787	(3) is approved by the program director or review
788	788	committee, as applicable.
789	789	(g) A court may replace an attorney appointed by the program
790	790	for the same reasons and in the same manner described by Article
791	791	26.04(k).
792	792	(h) A managed assigned counsel program is entitled to
793	793	receive funds for personnel costs and expenses incurred in amounts
794	794	fixed by the commissioners court and paid out of the appropriate
795	795	county fund, or jointly fixed by the commissioners courts and
796	796	proportionately paid out of each appropriate county fund if the
797	797	program serves more than one county.
798	798	(i) A managed assigned counsel program may employ personnel
799	799	and enter into contracts necessary to perform the program's duties
800	800	as specified by the commissioners court or commissioners courts
801	801	under this article.
802	802	SECTION 12. Subsections (a), (c), and (d), Article 26.05,
803	803	Code of Criminal Procedure, are amended to read as follows:
804	804	(a) A counsel, other than an attorney with a public
805	805	defender's office [defender] or an attorney employed by the office
806	806	of capital writs, appointed to represent a defendant in a criminal
807	807	proceeding, including a habeas corpus hearing, shall be paid a
808	808	reasonable attorney's fee for performing the following services,
809	809	based on the time and labor required, the complexity of the case,
810	810	and the experience and ability of the appointed counsel:
811	811	(1) time spent in court making an appearance on behalf
812	812	of the defendant as evidenced by a docket entry, time spent in
813	813	trial, and time spent in a proceeding in which sworn oral testimony
814	814	is elicited;
815	815	(2) reasonable and necessary time spent out of court
816	816	on the case, supported by any documentation that the court
817	817	requires;
818	818	(3) preparation of an appellate brief and preparation
819	819	and presentation of oral argument to a court of appeals or the Court
820	820	of Criminal Appeals; and
821	821	(4) preparation of a motion for rehearing.
822	822	(c) Each fee schedule adopted shall state reasonable fixed
823	823	rates or minimum and maximum hourly rates, taking into
824	824	consideration reasonable and necessary overhead costs and the
825	825	availability of qualified attorneys willing to accept the stated
826	826	rates, and shall provide a form for the appointed counsel to itemize
827	827	the types of services performed. No payment shall be made under
828	828	this article until the form for itemizing the services performed is
829	829	submitted to the judge presiding over the proceedings or, if the
830	830	county operates a managed assigned counsel program under Article
831	831	26.047, to the director of the program, and until the judge or
832	832	director, as applicable, approves the payment. If the judge or
833	833	director disapproves the requested amount of payment, the judge or
834	834	director shall make written findings stating the amount of payment
835	835	that the judge or director approves and each reason for approving an
836	836	amount different from the requested amount. An attorney whose
837	837	request for payment is disapproved or is not otherwise acted on by
838	838	the 60th day after the date the request for payment is submitted may
839	839	appeal the disapproval or failure to act by filing a motion with the
840	840	presiding judge of the administrative judicial region. On the
841	841	filing of a motion, the presiding judge of the administrative
842	842	judicial region shall review the disapproval of payment or failure
843	843	to act and determine the appropriate amount of payment. In
844	844	reviewing the disapproval or failure to act, the presiding judge of
845	845	the administrative judicial region may conduct a hearing. Not
846	846	later than the 45th day after the date an application for payment of
847	847	a fee is submitted under this article, the commissioners court
848	848	shall pay to the appointed counsel the amount that is approved by
849	849	the presiding judge of the administrative judicial region and that
850	850	is in accordance with the fee schedule for that county.
851	851	(d) A counsel in a noncapital case, other than an attorney
852	852	with a public defender's office [defender], appointed to represent
853	853	a defendant under this code shall be reimbursed for reasonable and
854	854	necessary expenses, including expenses for investigation and for
855	855	mental health and other experts. Expenses incurred with prior
856	856	court approval shall be reimbursed in the same manner provided for
857	857	capital cases by Articles 26.052(f) and (g), and expenses incurred
858	858	without prior court approval shall be reimbursed in the manner
859	859	provided for capital cases by Article 26.052(h).
860	860	SECTION 13. Subsection (a), Section 11, Article 42.12, Code
861	861	of Criminal Procedure, is amended to read as follows:
862	862	(a) The judge of the court having jurisdiction of the case
863	863	shall determine the conditions of community supervision and may, at
864	864	any time during the period of community supervision, alter or
865	865	modify the conditions. The judge may impose any reasonable
866	866	condition that is designed to protect or restore the community,
867	867	protect or restore the victim, or punish, rehabilitate, or reform
868	868	the defendant. Conditions of community supervision may include,
869	869	but shall not be limited to, the conditions that the defendant
870	870	shall:
871	871	(1) Commit no offense against the laws of this State or
872	872	of any other State or of the United States;
873	873	(2) Avoid injurious or vicious habits;
874	874	(3) Avoid persons or places of disreputable or harmful
875	875	character, including any person, other than a family member of the
876	876	defendant, who is an active member of a criminal street gang;
877	877	(4) Report to the supervision officer as directed by
878	878	the judge or supervision officer and obey all rules and regulations
879	879	of the community supervision and corrections department;
880	880	(5) Permit the supervision officer to visit the
881	881	defendant at the defendant's home or elsewhere;
882	882	(6) Work faithfully at suitable employment as far as
883	883	possible;
884	884	(7) Remain within a specified place;
885	885	(8) Pay the defendant's fine, if one is assessed, and
886	886	all court costs whether a fine is assessed or not, in one or several
887	887	sums;
888	888	(9) Support the defendant's dependents;
889	889	(10) Participate, for a time specified by the judge,
890	890	in any community-based program, including a community-service work
891	891	program under Section 16 of this article;
892	892	(11) Reimburse the county in which the prosecution was
893	893	instituted for compensation paid to appointed counsel for defending
894	894	the defendant in the case, if counsel was appointed, or if the
895	895	defendant was represented by a [county-paid] public defender's
896	896	office [defender], in an amount that would have been paid to an
897	897	appointed attorney had the county not had a public defender's
898	898	office [defender];
899	899	(12) Remain under custodial supervision in a community
900	900	corrections facility, obey all rules and regulations of the
901	901	facility, and pay a percentage of the defendant's income to the
902	902	facility for room and board;
903	903	(13) Pay a percentage of the defendant's income to the
904	904	defendant's dependents for their support while under custodial
905	905	supervision in a community corrections facility;
906	906	(14) Submit to testing for alcohol or controlled
907	907	substances;
908	908	(15) Attend counseling sessions for substance abusers
909	909	or participate in substance abuse treatment services in a program
910	910	or facility approved or licensed by the Department of State Health
911	911	Services [Texas Commission on Alcohol and Drug Abuse];
912	912	(16) With the consent of the victim of a misdemeanor
913	913	offense or of any offense under Title 7, Penal Code, participate in
914	914	victim-defendant mediation;
915	915	(17) Submit to electronic monitoring;
916	916	(18) Reimburse the compensation to victims of crime
917	917	fund for any amounts paid from that fund to or on behalf of a victim,
918	918	as defined by Article 56.32, of the defendant's offense or if no
919	919	reimbursement is required, make one payment to the compensation to
920	920	victims of crime fund in an amount not to exceed $50 if the offense
921	921	is a misdemeanor or not to exceed $100 if the offense is a felony;
922	922	(19) Reimburse a law enforcement agency for the
923	923	analysis, storage, or disposal of raw materials, controlled
924	924	substances, chemical precursors, drug paraphernalia, or other
925	925	materials seized in connection with the offense;
926	926	(20) Pay all or part of the reasonable and necessary
927	927	costs incurred by the victim for psychological counseling made
928	928	necessary by the offense or for counseling and education relating
929	929	to acquired immune deficiency syndrome or human immunodeficiency
930	930	virus made necessary by the offense;
931	931	(21) Make one payment in an amount not to exceed $50 to
932	932	a crime stoppers organization as defined by Section 414.001,
933	933	Government Code, and as certified by the Texas Crime Stoppers
934	934	Council;
935	935	(22) Submit a DNA sample to the Department of Public
936	936	Safety under Subchapter G, Chapter 411, Government Code, for the
937	937	purpose of creating a DNA record of the defendant;
938	938	(23) In any manner required by the judge, provide
939	939	public notice of the offense for which the defendant was placed on
940	940	community supervision in the county in which the offense was
941	941	committed; and
942	942	(24) Reimburse the county in which the prosecution was
943	943	instituted for compensation paid to any interpreter in the case.
944	944	SECTION 14. Section 133.107, Local Government Code, is
945	945	amended to read as follows:
946	946	Sec. 133.107. FEE FOR SUPPORT OF INDIGENT DEFENSE
947	947	REPRESENTATION. (a) A person convicted of any offense, other than
948	948	an offense relating to a pedestrian or the parking of a motor
949	949	vehicle, shall pay as a court cost, in addition to other costs, a
950	950	fee of $2 to be used to fund indigent defense representation through
951	951	the fair defense account established under Section 79.031 [71.058],
952	952	Government Code.
953	953	(b) The treasurer shall remit a fee collected under this
954	954	section to the comptroller in the manner provided by Subchapter B.
955	955	The comptroller shall credit the remitted fees to the credit of the
956	956	fair defense account established under Section 79.031 [71.058],
957	957	Government Code.
958	958	SECTION 15. The following are repealed:
959	959	(1) Subsection (i), Article 26.05, Code of Criminal
960	960	Procedure;
961	961	(2) Section 71.0351, Government Code; and
962	962	(3) Subchapter D, Chapter 71, Government Code.
963	963	SECTION 16. As soon as possible after the effective date of
964	964	this Act, the governor shall appoint the initial governing board of
965	965	the Texas Indigent Defense Commission in accordance with Subchapter
966	966	B, Chapter 79, Government Code, as added by this Act. To enable the
967	967	staggering of terms as required by Subsection (b), Section 79.014
968	968	of that subchapter, the governor shall appoint two members whose
969	969	terms expire on February 1 of the next odd-numbered year and three
970	970	members whose terms expire on February 1 of the next even-numbered
971	971	year.
972	972	SECTION 17. (a) On the date the last appointee to the
973	973	initial governing board of the Texas Indigent Defense Commission
974	974	takes office, the Task Force on Indigent Defense established under
975	975	Subchapter D, Chapter 71, Government Code, is abolished. On that
976	976	date, the powers, duties, obligations, rights, contracts, records,
977	977	personnel, property, and unspent appropriations of the task force
978	978	are transferred to the commission.
979	979	(b) All rules of the Task Force on Indigent Defense are
980	980	continued in effect as rules of the Texas Indigent Defense
981	981	Commission until superseded by a rule of the commission.
982	982	(c) Notwithstanding the changes in law made by this Act,
983	983	until the date the Task Force on Indigent Defense is abolished as
984	984	provided by this section, the members and the director of the task
985	985	force on the effective date of this Act may continue in office and
986	986	exercise their powers and duties under the law that governed the
987	987	task force before the effective date of this Act, and the prior law
988	988	is continued in effect for that purpose.
989	989	SECTION 18. Not later than December 1, 2011, the Texas
990	990	Indigent Defense Commission and the Texas Judicial Council shall
991	991	adopt a memorandum of understanding to facilitate the timely
992	992	implementation of this Act.
993	993	SECTION 19. This Act takes effect September 1, 2011.
994	994	* * * * *