| 1 | 1 | | 85R11226 KJE-D |
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| 2 | 2 | | By: Frullo H.B. No. 2736 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a succession plan for a regional public defender's |
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| 8 | 8 | | office that primarily handles capital cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 79, Government Code, is |
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| 11 | 11 | | amended by adding Section 79.042 to read as follows: |
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| 12 | 12 | | Sec. 79.042. SUCCESSION PLAN FOR CERTAIN PUBLIC DEFENDERS' |
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| 13 | 13 | | OFFICES. (a) In this section, "governmental entity" has the |
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| 14 | 14 | | meaning assigned by Article 26.044, Code of Criminal Procedure. |
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| 15 | 15 | | (b) As a condition of a grant awarded by the commission to a |
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| 16 | 16 | | regional public defender's office that primarily handles capital |
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| 17 | 17 | | cases, the commission may establish for the public defender's |
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| 18 | 18 | | office a succession plan to take effect only if the commissioners |
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| 19 | 19 | | court of the county in which the central administrative office of |
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| 20 | 20 | | the public defender's office is located ceases for any reason to be |
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| 21 | 21 | | a party to the agreement creating or designating the public |
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| 22 | 22 | | defender's office. |
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| 23 | 23 | | (c) A succession plan established under Subsection (b) may: |
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| 24 | 24 | | (1) authorize the commission to designate a |
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| 25 | 25 | | governmental entity to administer the regional public defender's |
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| 26 | 26 | | office; |
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| 27 | 27 | | (2) require the governmental entity designated under |
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| 28 | 28 | | Subdivision (1) to establish an oversight board for the regional |
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| 29 | 29 | | public defender's office under Article 26.045, Code of Criminal |
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| 30 | 30 | | Procedure; and |
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| 31 | 31 | | (3) require the regional public defender's office to |
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| 32 | 32 | | comply with any rules adopted by the commission for the |
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| 33 | 33 | | administration of the public defender's office. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2017. |
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