Texas 2015 - 84th Regular

Texas Senate Bill SB1057 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R24310 KJE-F
2		-	By: Hinojosa S.B. No. 1057
3		-	(Herrero)
4		-	Substitute the following for S.B. No. 1057: No.
	1	+	S.B. No. 1057
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the provision of funding for indigent defense services.
10	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	7		SECTION 1. Sections 79.016(a) and (c), Government Code, are
12	8		amended to read as follows:
13	9		(a) A board member who is a chief public defender for or [who
14	10		is] an attorney employed by an entity [a public defender's office in
15	11		a county] that applies for funds under Section 79.037 shall
16	12		disclose that fact before a vote by the board regarding an award of
17	13		funds to that entity [county] and may not participate in that [such
18	14		a] vote.
19	15		(c) The commission may not award funds under Section 79.037
20	16		to an entity [a county] served by a chief public defender or other
21	17		attorney who fails to make a disclosure to the board as required by
22	18		Subsection (a).
23	19		SECTION 2. Section 79.037, Government Code, is amended by
24	20		amending Subsections (a), (b), and (c) and adding Subsections (e),
25	21		(f), (g), and (h) to read as follows:
26	22		(a) The commission shall:
27	23		(1) provide technical support to:
28	24		(A) assist counties in improving their indigent
29	25		defense systems; and
30	26		(B) promote compliance by counties with the
31	27		requirements of state law relating to indigent defense;
32	28		(2) to assist a county [counties] in providing
33	29		indigent defense services in the county, distribute in the form of
34	30		grants any funds appropriated for the purposes of this section to
35	31		one or more of the following entities:
36	32		(A) the county;
37	33		(B) a law school's legal clinic or program that
38	34		provides indigent defense services in the county; and
39	35		(C) a regional public defender that meets the
40	36		requirements of Subsection (e) and provides indigent defense
41	37		services in the county; and
42	38		(3) monitor each entity [county] that receives a grant
43	39		under Subdivision (2) and enforce compliance [by the county] with
44	40		the conditions of the grant, including enforcement by:
45	41		(A) withdrawing grant funds; or
46	42		(B) requiring reimbursement of grant funds by the
47	43		entity [county].
48	44		(b) The commission shall determine for each county the
49	45		entity or entities within the county that are eligible to receive
50	46		[distribute] funds for the provision of indigent defense services
51	47		under [as required by] Subsection (a)(2). The determination must
52	48		be made based on the entity's:
53	49		(1) [a county's] compliance with standards adopted by
54	50		the board; and
55	51		(2) [the county's] demonstrated commitment to
56	52		compliance with the requirements of state law relating to indigent
57	53		defense.
58	54		(c) The board shall adopt policies to ensure that funds
59	55		under Subsection (a)(2) are allocated and distributed [to counties]
60	56		in a fair manner.
61	57		(e) The commission may distribute funds under Subsection
62	58		(a)(2) to a regional public defender's office formed under Article
63	59		26.044, Code of Criminal Procedure, if:
64	60		(1) the regional public defender's office serves two
65	61		or more counties;
66	62		(2) each county that enters an agreement to create or
67	63		designate and to jointly fund the regional public defender's office
68	64		satisfies the commission that the county will timely provide funds
69	65		to the office for the duration of the grant for at least half of the
70	66		office's operational costs;
71	67		(3) each participating county by local rule adopts and
72	68		submits to the commission guidelines under Article 26.04(f), Code
73	69		of Criminal Procedure, detailing the types of cases to be assigned
74	70		to the office; and
75	71		(4) each participating county and the regional public
76	72		defender's office agree in writing to a method that the commission
77	73		determines to be appropriate under Subsection (f) to pay all costs
78	74		associated with the defense of cases assigned to the office that
79	75		remain pending in the county after the termination of the agreement
80	76		or the county's participation in the agreement.
81	77		(f) The commission shall select, by rule or under a contract
82	78		with a regional public defender's office, a method for the payment
83	79		of costs under Subsection (e)(4), which may include any combination
84	80		of the following:
85	81		(1) allowing an office to establish and maintain a
86	82		reserve of funds sufficient to cover anticipated costs, in an
87	83		amount determined appropriate by the commission;
88	84		(2) guaranteeing all or part of the costs to be paid;
89	85		or
90	86		(3) establishing a schedule of fees for the payment of
91	87		costs in the manner provided by Article 26.05, Code of Criminal
92	88		Procedure.
93	89		(g) Any change to a schedule of fees established under
94	90		Subsection (f)(3) must first be approved by the commission.
95	91		(h) A regional public defender's office shall collect each
96	92		participating county's portion of the operational costs as that
97	93		portion is provided by the county to the office.
98	94		SECTION 3. This Act takes effect September 1, 2015.
	95	+	______________________________ ______________________________
	96	+	President of the Senate Speaker of the House
	97	+	I hereby certify that S.B. No. 1057 passed the Senate on
	98	+	April 30, 2015, by the following vote: Yeas 31, Nays 0; and that
	99	+	the Senate concurred in House amendment on May 22, 2015, by the
	100	+	following vote: Yeas 31, Nays 0.
	101	+	______________________________
	102	+	Secretary of the Senate
	103	+	I hereby certify that S.B. No. 1057 passed the House, with
	104	+	amendment, on May 18, 2015, by the following vote: Yeas 139,
	105	+	Nays 0, one present not voting.
	106	+	______________________________
	107	+	Chief Clerk of the House
	108	+	Approved:
	109	+	______________________________
	110	+	Date
	111	+	______________________________
	112	+	Governor