88R11925 AJZ-D
By: Perry S.B. No. 1046
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of expenses to certain counsel
appointed to represent a defendant in a criminal proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.05, Code of Criminal Procedure, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) A counsel in a noncapital case, other than an attorney
with a public defender's office, appointed to represent a defendant
under this code shall be reimbursed for reasonable and necessary
expenses, including expenses for:
(1) investigation;
(2) [and for] mental health and other experts; and
(3) if the defendant is confined in a correctional
facility located more than 50 miles from the court in which the
defendant's proceeding is pending:
(A) travel to the defendant's location for a
confidential communication and food and lodging related to that
travel; and
(B) any costs associated with remotely entering
into a confidential communication with the defendant.
(d-1) Expenses under Subsection (d) incurred with prior
court approval shall be reimbursed in the same manner provided for
capital cases by Articles 26.052(f) and (g), and expenses under
Subsection (d) incurred without prior court approval shall be
reimbursed in the manner provided for capital cases by Article
26.052(h).
SECTION 2. The change in law made by this Act applies only
to expenses incurred on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.