86R4862 AJZ-D
By: Kolkhorst S.B. No. 1649
A BILL TO BE ENTITLED
AN ACT
relating to assistance with the establishment and oversight of
public defenders' offices and a review of criminal defense
attorney's fees by the Texas Indigent Defense Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 79, Government Code, is
amended by adding Sections 79.043 and 79.044 to read as follows:
Sec. 79.043. ESTABLISHMENT OF PUBLIC DEFENDERS' OFFICES.
(a) In this section, "public defender's office" has the meaning
assigned by Article 26.044, Code of Criminal Procedure.
(b) The commission shall offer assistance to counties in the
establishment and oversight of public defenders' offices. Except
as provided by Subsection (c), the commission may offer the
assistance described by this subsection only to counties with
populations of less than 50,000.
(c) The commission may offer the assistance described by
Subsection (b) to a county with a population of 50,000 or more only
if there is an existing effort to establish and develop a public
defender's office in that county. The commission shall offer the
assistance described by Subsection (b) to counties with a
population of 50,000 or more if public defenders' offices exist in
all counties with populations of less than 50,000.
(d) The commission shall establish policies and procedures
for the operation and administration of a public defender's office.
(e) Not later than November 1 of each even-numbered year,
the commission shall submit to the governor and the legislature a
report that includes:
(1) a plan and a timeline for establishing public
defenders' offices in counties with populations of less than
50,000; and
(2) a report on the number of public defenders' offices
established with the commission's assistance under this section.
Sec. 79.044. REVIEW OF ATTORNEY'S FEES. The commission
shall conduct an annual review of criminal defense attorney's fees
in this state to ensure that attorneys are charging equitable,
consistent, and fair rates to defendants in criminal cases across
the state.
SECTION 2. This Act takes effect September 1, 2019.