| 1 | 1 | | H.B. No. 409 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the governance and administration of the Texas Indigent |
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| 6 | 6 | | Defense Commission and to certain disclosures made in relation to |
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| 7 | 7 | | the provision of funding for indigent defense services. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 79.014(a) and (b), Government Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) The governor shall appoint with the advice and consent |
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| 12 | 12 | | of the senate seven [five] members of the board as follows: |
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| 13 | 13 | | (1) one member who is a district judge serving as a |
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| 14 | 14 | | presiding judge of an administrative judicial region; |
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| 15 | 15 | | (2) one member who is a judge of a constitutional |
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| 16 | 16 | | county court or who is a county commissioner; |
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| 17 | 17 | | (3) one member who is a practicing criminal defense |
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| 18 | 18 | | attorney; |
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| 19 | 19 | | (4) one member who is a chief public defender in this |
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| 20 | 20 | | state [or the chief public defender's designee, who must be an |
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| 21 | 21 | | attorney employed by the public defender's office]; [and] |
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| 22 | 22 | | (5) one member who is a judge of a constitutional |
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| 23 | 23 | | county court or who is a county commissioner of a county with a |
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| 24 | 24 | | population of 250,000 or more; |
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| 25 | 25 | | (6) one member who is either: |
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| 26 | 26 | | (A) a director of a managed assigned counsel |
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| 27 | 27 | | program in this state; or |
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| 28 | 28 | | (B) a person who has a demonstrated expertise in |
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| 29 | 29 | | indigent defense issues; and |
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| 30 | 30 | | (7) one member who is a justice of the peace, municipal |
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| 31 | 31 | | court judge, or appointed magistrate under Article 2.09, Code of |
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| 32 | 32 | | Criminal Procedure, whose regular duties include presiding over |
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| 33 | 33 | | hearings under Article 15.17, Code of Criminal Procedure. |
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| 34 | 34 | | (b) The board members serve staggered terms of two years, |
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| 35 | 35 | | with three [two] members' terms expiring February 1 of each |
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| 36 | 36 | | odd-numbered year and four [three] members' terms expiring February |
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| 37 | 37 | | 1 of each even-numbered year. |
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| 38 | 38 | | SECTION 2. Sections 79.016(a) and (c), Government Code, are |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (a) A board member who is a chief public defender or a |
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| 41 | 41 | | director of a managed assigned counsel program for [or an attorney |
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| 42 | 42 | | employed by] an entity that applies for funds under Section 79.037 |
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| 43 | 43 | | shall disclose that fact before a vote by the board regarding an |
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| 44 | 44 | | award of funds to that entity and may not participate in that vote. |
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| 45 | 45 | | (c) The commission may not award funds under Section 79.037 |
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| 46 | 46 | | to an entity served by a chief public defender or a director of a |
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| 47 | 47 | | managed assigned counsel program [other attorney] who fails to make |
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| 48 | 48 | | a disclosure to the board as required by Subsection (a). |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 50 | 50 | | ______________________________ ______________________________ |
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| 51 | 51 | | President of the Senate Speaker of the House |
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| 52 | 52 | | I certify that H.B. No. 409 was passed by the House on April |
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| 53 | 53 | | 27, 2023, by the following vote: Yeas 141, Nays 5, 1 present, not |
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| 54 | 54 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 55 | 55 | | No. 409 on May 25, 2023, by the following vote: Yeas 125, Nays 11, |
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| 56 | 56 | | 2 present, not voting. |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Chief Clerk of the House |
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| 59 | 59 | | I certify that H.B. No. 409 was passed by the Senate, with |
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| 60 | 60 | | amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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| 61 | 61 | | 0. |
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| 62 | 62 | | ______________________________ |
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| 63 | 63 | | Secretary of the Senate |
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| 64 | 64 | | APPROVED: __________________ |
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| 65 | 65 | | Date |
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| 66 | 66 | | __________________ |
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| 67 | 67 | | Governor |
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