By: Collier (Senate Sponsor - Zaffirini) H.B. No. 409
(In the Senate - Received from the House May 1, 2023;
May 5, 2023, read first time and referred to Committee on State
Affairs; May 17, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 17, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 409 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the governance and administration of the Texas Indigent
Defense Commission and to certain disclosures made in relation to
the provision of funding for indigent defense services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 79.014(a) and (b), Government Code, are
amended to read as follows:
(a) The governor shall appoint with the advice and consent
of the senate seven [five] members of the board as follows:
(1) one member who is a district judge serving as a
presiding judge of an administrative judicial region;
(2) one member who is a judge of a constitutional
county court or who is a county commissioner;
(3) one member who is a practicing criminal defense
attorney;
(4) one member who is a chief public defender in this
state [or the chief public defender's designee, who must be an
attorney employed by the public defender's office]; [and]
(5) one member who is a judge of a constitutional
county court or who is a county commissioner of a county with a
population of 250,000 or more;
(6) one member who is either:
(A) a director of a managed assigned counsel
program in this state; or
(B) a person who has a demonstrated expertise in
indigent defense issues; and
(7) one member who is a justice of the peace, municipal
court judge, or appointed magistrate under Article 2.09, Code of
Criminal Procedure, whose regular duties include presiding over
hearings under Article 15.17, Code of Criminal Procedure.
(b) The board members serve staggered terms of two years,
with three [two] members' terms expiring February 1 of each
odd-numbered year and four [three] members' terms expiring February
1 of each even-numbered year.
SECTION 2. Sections 79.016(a) and (c), Government Code, are
amended to read as follows:
(a) A board member who is a chief public defender or a
director of a managed assigned counsel program for [or an attorney
employed by] an entity that applies for funds under Section 79.037
shall disclose that fact before a vote by the board regarding an
award of funds to that entity and may not participate in that vote.
(c) The commission may not award funds under Section 79.037
to an entity served by a chief public defender or a director of a
managed assigned counsel program [other attorney] who fails to make
a disclosure to the board as required by Subsection (a).
SECTION 3. This Act takes effect September 1, 2023.
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