Texas 2021 - 87th Regular

Texas House Bill HB295 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 295
	1	+	By: Murr, et al. (Senate Sponsor - Zaffirini) H.B. No. 295
	2	+	(In the Senate - Received from the House April 23, 2021;
	3	+	May 13, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 295 By: Huffman
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the provision of funding for indigent defense services.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Section 79.037(a), Government Code, is amended
8	16		to read as follows:
9	17		(a) The commission shall:
10	18		(1) provide technical support to:
11	19		(A) assist counties in improving their systems
12	20		for providing indigent defense services, including indigent
13	21		defense support services [systems]; and
14	22		(B) promote compliance by counties with the
15	23		requirements of state law relating to indigent defense;
16	24		(2) to assist a county in providing or improving the
17	25		provision of indigent defense services in the county, distribute in
18	26		the form of grants any funds appropriated for the purposes of this
19	27		section to one or more of the following entities:
20	28		(A) the county;
21	29		(B) a law school's legal clinic or program that
22	30		provides indigent defense services in the county; [and]
23	31		(C) a regional public defender that meets the
24	32		requirements of Subsection (e) and provides indigent defense
25	33		services in the county; [and]
26	34		(D) an entity described by Section 791.013 that
27	35		provides to a county administrative services under an interlocal
28	36		contract entered into for the purpose of providing or improving the
29	37		provision of indigent defense services in the county; and
30	38		(E) a nonprofit corporation that provides
31	39		indigent defense services or indigent defense support services in
32	40		the county; and
33	41		(3) monitor each entity that receives a grant under
34	42		Subdivision (2) and enforce compliance with the conditions of the
35	43		grant, including enforcement by:
36	44		(A) withdrawing grant funds; or
37	45		(B) requiring reimbursement of grant funds by the
38	46		entity.
39	47		SECTION 2. Section 79.037(b), Government Code, as amended
40	48		by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th
41	49		Legislature, Regular Session, 2015, is reenacted and amended to
42	50		read as follows:
43	51		(b) The commission shall determine for each county the
44	52		entity or entities [within the county] that are eligible to receive
45	53		funds for the provision of or improvement in the provision of
46	54		indigent defense services under Subsection (a)(2). The
47	55		determination must be made based on the entity's:
48	56		(1) compliance with standards adopted by the board;
49	57		and
50	58		(2) demonstrated commitment to compliance with the
51	59		requirements of state law relating to indigent defense.
52	60		SECTION 3. Section 79.037(c), Government Code, as amended
53	61		by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th
54	62		Legislature, Regular Session, 2015, is reenacted to read as
55	63		follows:
56	64		(c) The board shall adopt policies to ensure that funds
57	65		under Subsection (a)(2) are allocated and distributed in a fair
58	66		manner.
59	67		SECTION 4. Section 26.0442(a), Tax Code, is amended to read
60	68		as follows:
61	69		(a) In this section, "indigent defense compensation
62	70		expenditures" for a tax year means the difference between:
63	71		(1) the amount paid by a county in the period beginning
64	72		on July 1 of the tax year preceding the tax year for which the tax is
65	73		adopted and ending on June 30 of the tax year for which the tax is
66	74		adopted to:
67	75		(A) provide appointed counsel for indigent
68	76		individuals in criminal or civil proceedings in accordance with the
69	77		schedule of fees adopted under Article 26.05, Code of Criminal
70	78		Procedure; and
71	79		(B) fund the operations of a public defender's
72	80		office under Article 26.044, Code of Criminal Procedure; and
73	81		(2) [, in the period beginning on July 1 of the tax
74	82		year preceding the tax year for which the tax is adopted and ending
75	83		on June 30 of the tax year for which the tax is adopted, less] the
76	84		amount of any state grants received by the county during that period
77	85		for those purposes [the same purpose].
78	86		SECTION 5. Section 79.037(e), Government Code, as added by
79	87		Chapter 56 (S.B. 1353), Acts of the 84th Legislature, Regular
80	88		Session, 2015, is repealed.
81	89		SECTION 6. Section 26.0442, Tax Code, as amended by this
82	90		Act, applies to the calculation of the no-new-revenue maintenance
83	91		and operations rate for a county only for a tax year beginning on or
84	92		after January 1, 2022.
85	93		SECTION 7. This Act takes effect September 1, 2021.
86		-	______________________________ ______________________________
87		-	President of the Senate Speaker of the House
88		-	I certify that H.B. No. 295 was passed by the House on April
89		-	22, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
90		-	voting; and that the House concurred in Senate amendments to H.B.
91		-	No. 295 on May 28, 2021, by the following vote: Yeas 148, Nays 0, 1
92		-	present, not voting.
93		-	______________________________
94		-	Chief Clerk of the House
95		-	I certify that H.B. No. 295 was passed by the Senate, with
96		-	amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
97		-	0.
98		-	______________________________
99		-	Secretary of the Senate
100		-	APPROVED: __________________
101		-	Date
102		-	__________________
103		-	Governor
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