LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 7, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB743 by Collier (Relating to a maximum allowable caseload for certain attorneys.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Government Code to require the Texas Indigent Defense Commission (TIDC) to establish a maximum allowable caseload for a criminal defense attorney that would allow the attorney to give each criminal defendant the time and effort necessary to ensure effective and diligent representation.The bill would amend the Code of Criminal Procedure to require the indigent defense plans established by judges to include procedures to ensure that an appointment in a criminal case does not result in the attorney receiving the appointment to have a caseload larger than the maximum allowable caseload established by TIDC.Based on the analysis of the Office of Court Administration (OCA), it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished utilizing existing resources. In addition, OCA also anticipates no significant fiscal impact to the state court system due to implementing the provisions of the bill.The bill would take effect September 1, 2021. Under the provisions of the bill, criminal cases with an indictment or information filed before November 1, 2021, would be governed by the law in effect immediately before the effective date of the bill. Local Government ImpactAccording to the Texas Association of Counties, there may be a fiscal impact to counties depending on the maximum case load established by the Commission. However, the extent of the impact cannot be determined at this time. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, DKn, MW, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 7, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB743 by Collier (Relating to a maximum allowable caseload for certain attorneys.), As Introduced
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB743 by Collier (Relating to a maximum allowable caseload for certain attorneys.), As Introduced
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB743 by Collier (Relating to a maximum allowable caseload for certain attorneys.), As Introduced
HB743 by Collier (Relating to a maximum allowable caseload for certain attorneys.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code to require the Texas Indigent Defense Commission (TIDC) to establish a maximum allowable caseload for a criminal defense attorney that would allow the attorney to give each criminal defendant the time and effort necessary to ensure effective and diligent representation.The bill would amend the Code of Criminal Procedure to require the indigent defense plans established by judges to include procedures to ensure that an appointment in a criminal case does not result in the attorney receiving the appointment to have a caseload larger than the maximum allowable caseload established by TIDC.Based on the analysis of the Office of Court Administration (OCA), it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished utilizing existing resources. In addition, OCA also anticipates no significant fiscal impact to the state court system due to implementing the provisions of the bill.The bill would take effect September 1, 2021. Under the provisions of the bill, criminal cases with an indictment or information filed before November 1, 2021, would be governed by the law in effect immediately before the effective date of the bill.
Based on the analysis of the Office of Court Administration (OCA), it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished utilizing existing resources. In addition, OCA also anticipates no significant fiscal impact to the state court system due to implementing the provisions of the bill.The bill would take effect September 1, 2021. Under the provisions of the bill, criminal cases with an indictment or information filed before November 1, 2021, would be governed by the law in effect immediately before the effective date of the bill.
Local Government Impact
According to the Texas Association of Counties, there may be a fiscal impact to counties depending on the maximum case load established by the Commission. However, the extent of the impact cannot be determined at this time.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, DKn, MW, BH
JMc, DKn, MW, BH