85R11226 KJE-D
By: Frullo H.B. No. 2736
A BILL TO BE ENTITLED
AN ACT
relating to a succession plan for a regional public defender's
office that primarily handles capital cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 79, Government Code, is
amended by adding Section 79.042 to read as follows:
Sec. 79.042. SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS'
OFFICES. (a) In this section, "governmental entity" has the
meaning assigned by Article 26.044, Code of Criminal Procedure.
(b) As a condition of a grant awarded by the commission to a
regional public defender's office that primarily handles capital
cases, the commission may establish for the public defender's
office a succession plan to take effect only if the commissioners
court of the county in which the central administrative office of
the public defender's office is located ceases for any reason to be
a party to the agreement creating or designating the public
defender's office.
(c) A succession plan established under Subsection (b) may:
(1) authorize the commission to designate a
governmental entity to administer the regional public defender's
office;
(2) require the governmental entity designated under
Subdivision (1) to establish an oversight board for the regional
public defender's office under Article 26.045, Code of Criminal
Procedure; and
(3) require the regional public defender's office to
comply with any rules adopted by the commission for the
administration of the public defender's office.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.