S.B. No. 2120
AN ACT
relating to the establishment of a family protection representation
program within the Texas Indigent Defense Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 79.001, Government Code, is amended by
amending Subdivisions (1) and (4) and adding Subdivisions (1-a),
(7-a), (8-a), (12-a), and (12-b) to read as follows:
(1) "Assigned counsel program" means a system under
which private attorneys, acting as independent contractors and
compensated with public funds, are individually appointed to:
(A) provide legal representation and services to
a particular indigent defendant accused of a crime or juvenile
offense; or
(B) serve as an attorney ad litem.
(1-a) "Attorney ad litem" means an attorney appointed
by a court to represent and advocate on behalf of an indigent parent
or child in a suit filed by the department against a parent.
(4) "Contract defender program" means a system under
which private attorneys, acting as independent contractors and
compensated with public funds, are engaged to provide legal
representation and services to:
(A) a group of unspecified indigent defendants
who appear before a particular court or group of courts; or
(B) indigent parents or children named in a suit
filed by the department against a parent.
(7-a) "Department" means the Department of Family and
Protective Services.
(8-a) "Family protection services" means services
provided under this chapter by an attorney, attorney ad litem,
licensed investigator, social worker, forensic expert, mental
health expert, or other similar expert or specialist to an indigent
parent or child in:
(A) a suit filed by the department against the
parent; or
(B) a department investigation of the parent.
(12-a) "Office of child representation" has the
meaning assigned by Section 107.254, Family Code.
(12-b) "Office of parent representation" has the
meaning assigned by Section 107.255, Family Code.
SECTION 2. Section 79.012(b), Government Code, is amended
to read as follows:
(b) The executive director:
(1) must be a licensed attorney;
(2) must demonstrate an interest in the standards for
and provision of criminal defense services and family protection
services to indigent individuals;
(3) may not engage in the private practice of law; and
(4) may not accept money, property, or any other thing
of value not authorized by law for services rendered under this
chapter.
SECTION 3. Section 79.034, Government Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The commission shall develop policies and standards for
providing:
(1) legal representation and other defense services to
indigent defendants at trial, on appeal, and in postconviction
proceedings; and
(2) family protection services to indigent parents and
children.
(a-1) The policies and standards may include:
(1) performance standards for counsel appointed to
represent indigent individuals [defendants];
(2) qualification standards under which attorneys may
qualify for appointment to represent:
(A) indigent defendants, including:
(i) [(A)] qualifications commensurate with
the seriousness of the nature of the proceeding;
(ii) [(B)] qualifications appropriate for
representation of mentally ill defendants and noncitizen
defendants;
(iii) [(C)] successful completion of
relevant continuing legal education programs approved by the
council; and
(iv) [(D)] testing and certification
standards; or
(B) indigent parents and children in suits filed
by the department, including:
(i) qualifications appropriate for
representing an indigent parent;
(ii) qualifications appropriate for
representing a child;
(iii) successful completion of relevant
continuing legal education programs required by law or the State
Bar of Texas and approved by the council; and
(iv) testing and certification standards;
(3) standards for ensuring appropriate appointed
caseloads for counsel appointed to represent indigent individuals
[defendants];
(4) standards for determining whether a person accused
of a crime or juvenile offense or named in a suit filed by the
department is indigent;
(5) policies and standards governing the organization
and operation of an assigned counsel program;
(6) policies and standards governing the organization
and operation of a public defender's office consistent with
recognized national policies and standards;
(7) policies and standards governing the organization
and operation of an office of child representation or office of
parent representation consistent with recognized national policies
and standards;
(8) standards for providing indigent defense services
or family protection services under a contract defender program
consistent with recognized national policies and standards;
(9) [(8)] standards governing the reasonable
compensation of counsel appointed to represent indigent
individuals [defendants];
(10) [(9)] standards governing the availability and
reasonable compensation of providers of indigent defense support
services or family protection services for counsel appointed to
represent indigent individuals [defendants];
(11) [(10)] standards governing the operation of a
legal clinic or program that provides legal services to indigent
individuals [defendants] and is sponsored by a law school approved
by the supreme court;
(12) [(11)] policies and standards governing the
appointment of attorneys to represent children in proceedings under
Title 3, Family Code;
(13) policies and standards governing the appointment
of attorneys to represent indigent parents and children in
proceedings with the department under Title 5, Family Code;
(14) [(12)] policies and standards governing the
organization and operation of a managed assigned counsel program
consistent with nationally recognized policies and standards; and
(15) [(13)] other policies and standards for
providing indigent defense services and family protection services
as determined by the commission to be appropriate.
SECTION 4. Sections 79.035(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The commission shall develop a plan that establishes
statewide requirements for counties relating to reporting indigent
defense information and family protection services
information. The plan must include provisions designed to reduce
redundant reporting by counties and provisions that take into
consideration the costs to counties of implementing the plan
statewide. The commission shall use the information reported by a
county to monitor the effectiveness of the county's indigent
defense and family protection services policies, standards, and
procedures and to ensure compliance by the county with the
requirements of state law relating to indigent defense and family
protection services. The commission may revise the plan as
necessary to improve monitoring of indigent defense and family
protection services policies, standards, and procedures in this
state.
(b) The commission shall annually submit to the governor,
lieutenant governor, speaker of the house of representatives, and
council and shall publish in written and electronic form a report:
(1) containing any information submitted to the
commission by a county under Section 79.036; and
(2) regarding:
(A) the quality of legal representation provided
by counsel appointed to represent indigent individuals
[defendants];
(B) current indigent defense practices and
family protection services practices in the state as compared to
state and national standards;
(C) efforts made by the commission to improve
indigent defense practices and family protection services
practices in the state;
(D) recommendations made by the commission for
improving indigent defense practices and family protection
services practices in the state; and
(E) the findings of a report submitted to the
commission under Section 79.039.
(d) The commission may issue other reports relating to
indigent defense and family protection services as determined to be
appropriate by the commission.
SECTION 5. Subchapter C, Chapter 79, Government Code, is
amended by adding Section 79.0365 to read as follows:
Sec. 79.0365. FAMILY PROTECTION SERVICES INFORMATION.
(a) Not later than November 1 of each odd-numbered year and in the
form and manner prescribed by the commission, each county shall
prepare and provide to the commission:
(1) a copy of all formal and informal rules and forms
governing the procedures the county uses to provide indigent
parents and children with counsel in accordance with Title 5,
Family Code;
(2) any fee schedule the court uses for family
protection services representation; and
(3) information on the court's compliance with Chapter
37, including the lists and rotation system required under that
chapter.
(b) Not later than November 1 of each year and in the form
and manner prescribed by the commission, each county shall prepare
and provide to the commission for the preceding state fiscal year:
(1) information on the number of appointments made to
each attorney accepting appointments in the county for proceedings
filed by the department under Title 5, Family Code; and
(2) information provided to the county by those
attorneys under Section 107.0042, Family Code, if the attorneys do
not report the information directly to the commission.
(c) The local administrative district judge in each county,
or the person designated by the judge, shall perform the action
required by Subsection (a) with respect to all rules and forms
adopted by the judges of the county.
(d) In each county, the county auditor, or the person
designated by the commissioners court if the county does not have a
county auditor, shall prepare and send to the commission in the form
and manner prescribed by the commission and on a monthly,
quarterly, or annual basis, with respect to legal services provided
in the county to indigent parents and children during each state
fiscal year, information showing the total amount expended by the
county to provide family protection services and an analysis of the
amount expended by the county:
(1) in each district, county, statutory county, and
appellate court;
(2) in cases for which a private attorney is appointed
for an indigent parent or child; and
(3) for investigation expenses, expert witness
expenses, or other litigation expenses.
(e) As a duty of office, each district and county clerk
shall cooperate with the county auditor or the person designated by
the commissioners court and the commissioners court in retrieving
information required to be sent to the commission under this
section.
SECTION 6. Sections 79.037(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The commission shall:
(1) provide technical support to:
(A) assist counties in improving their systems
for providing indigent defense services, including indigent
defense support services; [and]
(B) assist counties in improving their systems
for providing family protection services; and
(C) promote compliance by counties with the
requirements of state law relating to indigent defense and family
protection services;
(2) to assist a county in providing or improving the
provision of indigent defense services and family protection
services in the county, distribute in the form of grants any funds
appropriated for the purposes of this section to one or more of the
following entities:
(A) the county;
(B) a law school's legal clinic or program that
provides indigent defense services in the county;
(C) a regional public defender that meets the
requirements of Subsection (e) and provides indigent defense
services in the county;
(D) an entity described by Section 791.013 that
provides to a county administrative services under an interlocal
contract entered into for the purpose of providing or improving the
provision of indigent defense services or family protection
services in the county; [and]
(E) a nonprofit corporation that provides
indigent defense services, [or] indigent defense support services,
or family protection services in the county; and
(F) an office of child representation or office
of parent representation created under Subchapter G, Chapter 107,
Family Code; and
(3) monitor each entity that receives a grant under
Subdivision (2) and enforce compliance with the conditions of the
grant, including enforcement by:
(A) withdrawing grant funds; or
(B) requiring reimbursement of grant funds by the
entity.
(b) The commission shall determine for each county the
entity or entities that are eligible to receive funds for the
provision of or improvement in the provision of indigent defense
services or family protection services under Subsection (a)(2).
The determination must be made based on the entity's:
(1) compliance with standards adopted by the board;
and
(2) demonstrated commitment to compliance with the
requirements of state law relating to indigent defense or family
protection services.
(d) A county may not reduce the amount of funds provided for
indigent defense services or family protection services in the
county because of funds provided by the commission under this
section.
SECTION 7. Subchapter C, Chapter 79, Government Code, is
amended by adding Section 79.041 to read as follows:
Sec. 79.041. FAMILY PROTECTION SERVICES INFORMATION
SYSTEM. (a) By entering into an interlocal contract with one or
more counties under Chapter 791, the commission may participate and
assist counties in the creation, implementation, operation, and
maintenance of a computerized system to be used to assist those
counties in the provision and administration of family protection
services and to be used to collect data from those counties
regarding representation of indigent individuals in this state.
(b) The commission may use appropriated funds to pay costs
incurred under an interlocal contract described by Subsection (a),
including license fees, implementation costs, maintenance and
operations costs, administrative costs, and any other costs
specified in the interlocal contract.
(c) The commission may provide training services to
counties on the use and operation of a system created, implemented,
operated, or maintained by one or more counties under Subsection
(a).
(d) Subchapter L, Chapter 2054, does not apply to an
indigent defense information system created under this section.
SECTION 8. Subchapter A, Chapter 107, Family Code, is
amended by adding Section 107.0042 to read as follows:
Sec. 107.0042. REPORT ON PERCENTAGE OF PROFESSIONAL
PRACTICE TIME AS ATTORNEY AD LITEM. Not later than October 15 of
each year and on a form prescribed by the Texas Indigent Defense
Commission, an attorney appointed as an attorney ad litem in a
proceeding filed by the Department of Family and Protective
Services under Title 5 shall submit to the county or the Texas
Indigent Defense Commission a report for the preceding state fiscal
year that describes the percentage of the attorney's professional
practice time that was dedicated to the attorney's appointment as
an attorney ad litem in the county under Title 5.
SECTION 9. Sections 107.259(a) and (d), Family Code, are
amended to read as follows:
(a) An office of child representation or office of parent
representation must be directed by a chief counsel who:
(1) is a member of the State Bar of Texas;
(2) has practiced law for at least five [three] years;
and
(3) has substantial experience in the practice of
child protection [welfare] law.
(d) Except as authorized by this chapter, the chief counsel
and other attorneys employed by an office of child representation
or office of parent representation may not:
(1) engage in the private practice of child protection
[welfare] law; or
(2) accept anything of value not authorized by this
chapter for services rendered under this chapter.
SECTION 10. Section 71.0355, Government Code, is repealed.
SECTION 11. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2120 passed the Senate on
April 25, 2023, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2120 passed the House on
May 24, 2023, by the following vote: Yeas 117, Nays 21, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor