Texas 2023 - 88th Regular

Texas Senate Bill SB2120 Compare Versions

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1	1	S.B. No. 2120
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of a family protection representation
6	6	program within the Texas Indigent Defense Commission.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 79.001, Government Code, is amended by
9	9	amending Subdivisions (1) and (4) and adding Subdivisions (1-a),
10	10	(7-a), (8-a), (12-a), and (12-b) to read as follows:
11	11	(1) "Assigned counsel program" means a system under
12	12	which private attorneys, acting as independent contractors and
13	13	compensated with public funds, are individually appointed to:
14	14	(A) provide legal representation and services to
15	15	a particular indigent defendant accused of a crime or juvenile
16	16	offense; or
17	17	(B) serve as an attorney ad litem.
18	18	(1-a) "Attorney ad litem" means an attorney appointed
19	19	by a court to represent and advocate on behalf of an indigent parent
20	20	or child in a suit filed by the department against a parent.
21	21	(4) "Contract defender program" means a system under
22	22	which private attorneys, acting as independent contractors and
23	23	compensated with public funds, are engaged to provide legal
24	24	representation and services to:
25	25	(A) a group of unspecified indigent defendants
26	26	who appear before a particular court or group of courts; or
27	27	(B) indigent parents or children named in a suit
28	28	filed by the department against a parent.
29	29	(7-a) "Department" means the Department of Family and
30	30	Protective Services.
31	31	(8-a) "Family protection services" means services
32	32	provided under this chapter by an attorney, attorney ad litem,
33	33	licensed investigator, social worker, forensic expert, mental
34	34	health expert, or other similar expert or specialist to an indigent
35	35	parent or child in:
36	36	(A) a suit filed by the department against the
37	37	parent; or
38	38	(B) a department investigation of the parent.
39	39	(12-a) "Office of child representation" has the
40	40	meaning assigned by Section 107.254, Family Code.
41	41	(12-b) "Office of parent representation" has the
42	42	meaning assigned by Section 107.255, Family Code.
43	43	SECTION 2. Section 79.012(b), Government Code, is amended
44	44	to read as follows:
45	45	(b) The executive director:
46	46	(1) must be a licensed attorney;
47	47	(2) must demonstrate an interest in the standards for
48	48	and provision of criminal defense services and family protection
49	49	services to indigent individuals;
50	50	(3) may not engage in the private practice of law; and
51	51	(4) may not accept money, property, or any other thing
52	52	of value not authorized by law for services rendered under this
53	53	chapter.
54	54	SECTION 3. Section 79.034, Government Code, is amended by
55	55	amending Subsection (a) and adding Subsection (a-1) to read as
56	56	follows:
57	57	(a) The commission shall develop policies and standards for
58	58	providing:
59	59	(1) legal representation and other defense services to
60	60	indigent defendants at trial, on appeal, and in postconviction
61	61	proceedings; and
62	62	(2) family protection services to indigent parents and
63	63	children.
64	64	(a-1) The policies and standards may include:
65	65	(1) performance standards for counsel appointed to
66	66	represent indigent individuals [defendants];
67	67	(2) qualification standards under which attorneys may
68	68	qualify for appointment to represent:
69	69	(A) indigent defendants, including:
70	70	(i) [(A)] qualifications commensurate with
71	71	the seriousness of the nature of the proceeding;
72	72	(ii) [(B)] qualifications appropriate for
73	73	representation of mentally ill defendants and noncitizen
74	74	defendants;
75	75	(iii) [(C)] successful completion of
76	76	relevant continuing legal education programs approved by the
77	77	council; and
78	78	(iv) [(D)] testing and certification
79	79	standards; or
80	80	(B) indigent parents and children in suits filed
81	81	by the department, including:
82	82	(i) qualifications appropriate for
83	83	representing an indigent parent;
84	84	(ii) qualifications appropriate for
85	85	representing a child;
86	86	(iii) successful completion of relevant
87	87	continuing legal education programs required by law or the State
88	88	Bar of Texas and approved by the council; and
89	89	(iv) testing and certification standards;
90	90	(3) standards for ensuring appropriate appointed
91	91	caseloads for counsel appointed to represent indigent individuals
92	92	[defendants];
93	93	(4) standards for determining whether a person accused
94	94	of a crime or juvenile offense or named in a suit filed by the
95	95	department is indigent;
96	96	(5) policies and standards governing the organization
97	97	and operation of an assigned counsel program;
98	98	(6) policies and standards governing the organization
99	99	and operation of a public defender's office consistent with
100	100	recognized national policies and standards;
101	101	(7) policies and standards governing the organization
102	102	and operation of an office of child representation or office of
103	103	parent representation consistent with recognized national policies
104	104	and standards;
105	105	(8) standards for providing indigent defense services
106	106	or family protection services under a contract defender program
107	107	consistent with recognized national policies and standards;
108	108	(9) [(8)] standards governing the reasonable
109	109	compensation of counsel appointed to represent indigent
110	110	individuals [defendants];
111	111	(10) [(9)] standards governing the availability and
112	112	reasonable compensation of providers of indigent defense support
113	113	services or family protection services for counsel appointed to
114	114	represent indigent individuals [defendants];
115	115	(11) [(10)] standards governing the operation of a
116	116	legal clinic or program that provides legal services to indigent
117	117	individuals [defendants] and is sponsored by a law school approved
118	118	by the supreme court;
119	119	(12) [(11)] policies and standards governing the
120	120	appointment of attorneys to represent children in proceedings under
121	121	Title 3, Family Code;
122	122	(13) policies and standards governing the appointment
123	123	of attorneys to represent indigent parents and children in
124	124	proceedings with the department under Title 5, Family Code;
125	125	(14) [(12)] policies and standards governing the
126	126	organization and operation of a managed assigned counsel program
127	127	consistent with nationally recognized policies and standards; and
128	128	(15) [(13)] other policies and standards for
129	129	providing indigent defense services and family protection services
130	130	as determined by the commission to be appropriate.
131	131	SECTION 4. Sections 79.035(a), (b), and (d), Government
132	132	Code, are amended to read as follows:
133	133	(a) The commission shall develop a plan that establishes
134	134	statewide requirements for counties relating to reporting indigent
135	135	defense information and family protection services
136	136	information. The plan must include provisions designed to reduce
137	137	redundant reporting by counties and provisions that take into
138	138	consideration the costs to counties of implementing the plan
139	139	statewide. The commission shall use the information reported by a
140	140	county to monitor the effectiveness of the county's indigent
141	141	defense and family protection services policies, standards, and
142	142	procedures and to ensure compliance by the county with the
143	143	requirements of state law relating to indigent defense and family
144	144	protection services. The commission may revise the plan as
145	145	necessary to improve monitoring of indigent defense and family
146	146	protection services policies, standards, and procedures in this
147	147	state.
148	148	(b) The commission shall annually submit to the governor,
149	149	lieutenant governor, speaker of the house of representatives, and
150	150	council and shall publish in written and electronic form a report:
151	151	(1) containing any information submitted to the
152	152	commission by a county under Section 79.036; and
153	153	(2) regarding:
154	154	(A) the quality of legal representation provided
155	155	by counsel appointed to represent indigent individuals
156	156	[defendants];
157	157	(B) current indigent defense practices and
158	158	family protection services practices in the state as compared to
159	159	state and national standards;
160	160	(C) efforts made by the commission to improve
161	161	indigent defense practices and family protection services
162	162	practices in the state;
163	163	(D) recommendations made by the commission for
164	164	improving indigent defense practices and family protection
165	165	services practices in the state; and
166	166	(E) the findings of a report submitted to the
167	167	commission under Section 79.039.
168	168	(d) The commission may issue other reports relating to
169	169	indigent defense and family protection services as determined to be
170	170	appropriate by the commission.
171	171	SECTION 5. Subchapter C, Chapter 79, Government Code, is
172	172	amended by adding Section 79.0365 to read as follows:
173	173	Sec. 79.0365. FAMILY PROTECTION SERVICES INFORMATION.
174	174	(a) Not later than November 1 of each odd-numbered year and in the
175	175	form and manner prescribed by the commission, each county shall
176	176	prepare and provide to the commission:
177	177	(1) a copy of all formal and informal rules and forms
178	178	governing the procedures the county uses to provide indigent
179	179	parents and children with counsel in accordance with Title 5,
180	180	Family Code;
181	181	(2) any fee schedule the court uses for family
182	182	protection services representation; and
183	183	(3) information on the court's compliance with Chapter
184	184	37, including the lists and rotation system required under that
185	185	chapter.
186	186	(b) Not later than November 1 of each year and in the form
187	187	and manner prescribed by the commission, each county shall prepare
188	188	and provide to the commission for the preceding state fiscal year:
189	189	(1) information on the number of appointments made to
190	190	each attorney accepting appointments in the county for proceedings
191	191	filed by the department under Title 5, Family Code; and
192	192	(2) information provided to the county by those
193	193	attorneys under Section 107.0042, Family Code, if the attorneys do
194	194	not report the information directly to the commission.
195	195	(c) The local administrative district judge in each county,
196	196	or the person designated by the judge, shall perform the action
197	197	required by Subsection (a) with respect to all rules and forms
198	198	adopted by the judges of the county.
199	199	(d) In each county, the county auditor, or the person
200	200	designated by the commissioners court if the county does not have a
201	201	county auditor, shall prepare and send to the commission in the form
202	202	and manner prescribed by the commission and on a monthly,
203	203	quarterly, or annual basis, with respect to legal services provided
204	204	in the county to indigent parents and children during each state
205	205	fiscal year, information showing the total amount expended by the
206	206	county to provide family protection services and an analysis of the
207	207	amount expended by the county:
208	208	(1) in each district, county, statutory county, and
209	209	appellate court;
210	210	(2) in cases for which a private attorney is appointed
211	211	for an indigent parent or child; and
212	212	(3) for investigation expenses, expert witness
213	213	expenses, or other litigation expenses.
214	214	(e) As a duty of office, each district and county clerk
215	215	shall cooperate with the county auditor or the person designated by
216	216	the commissioners court and the commissioners court in retrieving
217	217	information required to be sent to the commission under this
218	218	section.
219	219	SECTION 6. Sections 79.037(a), (b), and (d), Government
220	220	Code, are amended to read as follows:
221	221	(a) The commission shall:
222	222	(1) provide technical support to:
223	223	(A) assist counties in improving their systems
224	224	for providing indigent defense services, including indigent
225	225	defense support services; [and]
226	226	(B) assist counties in improving their systems
227	227	for providing family protection services; and
228	228	(C) promote compliance by counties with the
229	229	requirements of state law relating to indigent defense and family
230	230	protection services;
231	231	(2) to assist a county in providing or improving the
232	232	provision of indigent defense services and family protection
233	233	services in the county, distribute in the form of grants any funds
234	234	appropriated for the purposes of this section to one or more of the
235	235	following entities:
236	236	(A) the county;
237	237	(B) a law school's legal clinic or program that
238	238	provides indigent defense services in the county;
239	239	(C) a regional public defender that meets the
240	240	requirements of Subsection (e) and provides indigent defense
241	241	services in the county;
242	242	(D) an entity described by Section 791.013 that
243	243	provides to a county administrative services under an interlocal
244	244	contract entered into for the purpose of providing or improving the
245	245	provision of indigent defense services or family protection
246	246	services in the county; [and]
247	247	(E) a nonprofit corporation that provides
248	248	indigent defense services, [or] indigent defense support services,
249	249	or family protection services in the county; and
250	250	(F) an office of child representation or office
251	251	of parent representation created under Subchapter G, Chapter 107,
252	252	Family Code; and
253	253	(3) monitor each entity that receives a grant under
254	254	Subdivision (2) and enforce compliance with the conditions of the
255	255	grant, including enforcement by:
256	256	(A) withdrawing grant funds; or
257	257	(B) requiring reimbursement of grant funds by the
258	258	entity.
259	259	(b) The commission shall determine for each county the
260	260	entity or entities that are eligible to receive funds for the
261	261	provision of or improvement in the provision of indigent defense
262	262	services or family protection services under Subsection (a)(2).
263	263	The determination must be made based on the entity's:
264	264	(1) compliance with standards adopted by the board;
265	265	and
266	266	(2) demonstrated commitment to compliance with the
267	267	requirements of state law relating to indigent defense or family
268	268	protection services.
269	269	(d) A county may not reduce the amount of funds provided for
270	270	indigent defense services or family protection services in the
271	271	county because of funds provided by the commission under this
272	272	section.
273	273	SECTION 7. Subchapter C, Chapter 79, Government Code, is
274	274	amended by adding Section 79.041 to read as follows:
275	275	Sec. 79.041. FAMILY PROTECTION SERVICES INFORMATION
276	276	SYSTEM. (a) By entering into an interlocal contract with one or
277	277	more counties under Chapter 791, the commission may participate and
278	278	assist counties in the creation, implementation, operation, and
279	279	maintenance of a computerized system to be used to assist those
280	280	counties in the provision and administration of family protection
281	281	services and to be used to collect data from those counties
282	282	regarding representation of indigent individuals in this state.
283	283	(b) The commission may use appropriated funds to pay costs
284	284	incurred under an interlocal contract described by Subsection (a),
285	285	including license fees, implementation costs, maintenance and
286	286	operations costs, administrative costs, and any other costs
287	287	specified in the interlocal contract.
288	288	(c) The commission may provide training services to
289	289	counties on the use and operation of a system created, implemented,
290	290	operated, or maintained by one or more counties under Subsection
291	291	(a).
292	292	(d) Subchapter L, Chapter 2054, does not apply to an
293	293	indigent defense information system created under this section.
294	294	SECTION 8. Subchapter A, Chapter 107, Family Code, is
295	295	amended by adding Section 107.0042 to read as follows:
296	296	Sec. 107.0042. REPORT ON PERCENTAGE OF PROFESSIONAL
297	297	PRACTICE TIME AS ATTORNEY AD LITEM. Not later than October 15 of
298	298	each year and on a form prescribed by the Texas Indigent Defense
299	299	Commission, an attorney appointed as an attorney ad litem in a
300	300	proceeding filed by the Department of Family and Protective
301	301	Services under Title 5 shall submit to the county or the Texas
302	302	Indigent Defense Commission a report for the preceding state fiscal
303	303	year that describes the percentage of the attorney's professional
304	304	practice time that was dedicated to the attorney's appointment as
305	305	an attorney ad litem in the county under Title 5.
306	306	SECTION 9. Sections 107.259(a) and (d), Family Code, are
307	307	amended to read as follows:
308	308	(a) An office of child representation or office of parent
309	309	representation must be directed by a chief counsel who:
310	310	(1) is a member of the State Bar of Texas;
311	311	(2) has practiced law for at least five [three] years;
312	312	and
313	313	(3) has substantial experience in the practice of
314	314	child protection [welfare] law.
315	315	(d) Except as authorized by this chapter, the chief counsel
316	316	and other attorneys employed by an office of child representation
317	317	or office of parent representation may not:
318	318	(1) engage in the private practice of child protection
319	319	[welfare] law; or
320	320	(2) accept anything of value not authorized by this
321	321	chapter for services rendered under this chapter.
322	322	SECTION 10. Section 71.0355, Government Code, is repealed.
323	323	SECTION 11. This Act takes effect September 1, 2023.
324	324	______________________________ ______________________________
325	325	President of the Senate Speaker of the House
326	326	I hereby certify that S.B. No. 2120 passed the Senate on
327	327	April 25, 2023, by the following vote: Yeas 29, Nays 1.
328	328	______________________________
329	329	Secretary of the Senate
330	330	I hereby certify that S.B. No. 2120 passed the House on
331	331	May 24, 2023, by the following vote: Yeas 117, Nays 21, one
332	332	present not voting.
333	333	______________________________
334	334	Chief Clerk of the House
335	335	Approved:
336	336	______________________________
337	337	Date
338	338	______________________________
339	339	Governor