| 1 | 1 | | 86R7889 SCL-D |
|---|
| 2 | 2 | | By: Moody H.B. No. 1317 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the compensation of certain court-appointed attorneys. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subtitle G, Title 2, Government Code, is amended |
|---|
| 10 | 10 | | by adding Chapter 85 to read as follows: |
|---|
| 11 | 11 | | CHAPTER 85. ATTORNEY COMPENSATION |
|---|
| 12 | 12 | | Sec. 85.001. COMPENSATION OF CERTAIN COURT-APPOINTED |
|---|
| 13 | 13 | | ATTORNEYS. (a) Except as provided by Subsection (b), a court shall |
|---|
| 14 | 14 | | pay an attorney appointed by the court, including a special |
|---|
| 15 | 15 | | prosecutor or attorney pro tem, the amount agreed to by the court |
|---|
| 16 | 16 | | and attorney at the time of the attorney's appointment if: |
|---|
| 17 | 17 | | (1) the court and attorney enter into a written |
|---|
| 18 | 18 | | compensation agreement; and |
|---|
| 19 | 19 | | (2) the amount of the attorney's compensation is not |
|---|
| 20 | 20 | | otherwise established by law. |
|---|
| 21 | 21 | | (b) A court may pay a court-appointed attorney an amount |
|---|
| 22 | 22 | | less than the amount described by Subsection (a) if the court finds |
|---|
| 23 | 23 | | that the attorney: |
|---|
| 24 | 24 | | (1) breached the attorney's duties by performing in an |
|---|
| 25 | 25 | | unreasonable manner the services for which the court appointed the |
|---|
| 26 | 26 | | attorney; or |
|---|
| 27 | 27 | | (2) failed to perform the services for which the court |
|---|
| 28 | 28 | | appointed the attorney. |
|---|
| 29 | 29 | | Sec. 85.002. SUIT TO RECOVER COMPENSATION. If a court fails |
|---|
| 30 | 30 | | to pay the attorney the amount required under Section 85.001, the |
|---|
| 31 | 31 | | attorney may file suit to recover that amount against: |
|---|
| 32 | 32 | | (1) this state if the court is a district court or an |
|---|
| 33 | 33 | | appellate court of this state; |
|---|
| 34 | 34 | | (2) the county if the court is a county court or |
|---|
| 35 | 35 | | statutory county court of the county; or |
|---|
| 36 | 36 | | (3) the municipality if the court is a municipal court |
|---|
| 37 | 37 | | or municipal court of record of the municipality. |
|---|
| 38 | 38 | | Sec. 85.003. WAIVER OF IMMUNITY. Sovereign or governmental |
|---|
| 39 | 39 | | immunity to suit and liability is waived and abolished to the extent |
|---|
| 40 | 40 | | of liability created under Section 85.002. |
|---|
| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|