86R7889 SCL-D
By: Moody H.B. No. 1317
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of certain court-appointed attorneys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Government Code, is amended
by adding Chapter 85 to read as follows:
CHAPTER 85. ATTORNEY COMPENSATION
Sec. 85.001. COMPENSATION OF CERTAIN COURT-APPOINTED
ATTORNEYS. (a) Except as provided by Subsection (b), a court shall
pay an attorney appointed by the court, including a special
prosecutor or attorney pro tem, the amount agreed to by the court
and attorney at the time of the attorney's appointment if:
(1) the court and attorney enter into a written
compensation agreement; and
(2) the amount of the attorney's compensation is not
otherwise established by law.
(b) A court may pay a court-appointed attorney an amount
less than the amount described by Subsection (a) if the court finds
that the attorney:
(1) breached the attorney's duties by performing in an
unreasonable manner the services for which the court appointed the
attorney; or
(2) failed to perform the services for which the court
appointed the attorney.
Sec. 85.002. SUIT TO RECOVER COMPENSATION. If a court fails
to pay the attorney the amount required under Section 85.001, the
attorney may file suit to recover that amount against:
(1) this state if the court is a district court or an
appellate court of this state;
(2) the county if the court is a county court or
statutory county court of the county; or
(3) the municipality if the court is a municipal court
or municipal court of record of the municipality.
Sec. 85.003. WAIVER OF IMMUNITY. Sovereign or governmental
immunity to suit and liability is waived and abolished to the extent
of liability created under Section 85.002.
SECTION 2. This Act takes effect September 1, 2019.