By: Kolkhorst S.B. No. 1649
A BILL TO BE ENTITLED
AN ACT
relating to assistance with the establishment, operation, and
oversight of public defenders' offices and a review of certain
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 financial and technical
assistance to counties in the establishment, operation, and
oversight of public defenders' offices. The commission shall
provide ongoing financial assistance, as necessary, to ensure the
continued existence of the public defenders' offices in those
counties. The commission shall prioritize offering the assistance
described by this subsection to counties with populations of less
than 100,000, including assistance to regional public defenders'
offices that serve more than one county.
(c) The commission shall establish policies and standards
for the operation and administration of a public defender's office.
(d) 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
100,000; 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 a biennial review of the schedule of fees adopted
under Article 26.05, Code of Criminal Procedure, for the payment of
attorneys appointed to represent an indigent defendant in criminal
proceedings and the total amount of fees paid by counties to those
attorneys to ensure that the attorney's fees are consistent and
fair.
SECTION 2. This Act takes effect September 1, 2019.