86R3591 MAW-D
By: Walle H.B. No. 2130
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the court regarding a plea bargain
agreement that requires a defendant to pay costs associated with
court-appointed counsel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.13, Code of Criminal Procedure, is
amended by adding Subsection (h-2) to read as follows:
(h-2)(1) Before accepting a plea of guilty or a plea of nolo
contendere in a case in which a plea bargain agreement exists, the
court shall inquire as to whether the agreement requires the
defendant to pay in part or in whole the costs of legal services
provided to the defendant in accordance with Article 1.051(c) or
(d), including any expenses and costs.
(2) If the plea bargain agreement requires payment of
the costs of legal services as described by Subdivision (1), the
court shall determine, in accordance with Articles 26.05(g) and
42A.301(b)(11), the amount the defendant is able to pay for the
legal services.
(3) The failure of the court to comply with
Subdivision (1) or (2) is not a ground for the defendant to set
aside the conviction, sentence, or plea, except that after
imposition of the sentence or placement on community supervision,
including deferred adjudication community supervision, any order
requiring the defendant to pay an amount for legal services becomes
void if the court does not substantially comply with those
subdivisions.
SECTION 2. The change in law made by this Act applies only
to a plea of guilty or nolo contendere entered on or after the
effective date of this Act, regardless of whether the offense with
reference to which the plea is entered is committed before, on, or
after that date.
SECTION 3. This Act takes effect September 1, 2019.