89R3508 AJZ-F
By: Hernandez H.B. No. 1445
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of counsel appointed to provide
representation and services to indigent individuals in criminal and
juvenile proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 26.05(c), Code of Criminal Procedure, is
amended to read as follows:
(c) Each fee schedule adopted shall state reasonable fixed
rates or minimum and maximum hourly rates, taking into
consideration reasonable and necessary overhead costs and the
availability of qualified attorneys willing to accept the stated
rates, and shall provide a form for the appointed counsel to itemize
the types of services performed. No payment shall be made under
this article until the form for itemizing the services performed is
submitted to the judge presiding over the proceedings or, if the
county operates a managed assigned counsel program under Article
26.047, to the director of the program or the director's designee,
and until the judge or the director or director's designee, as
applicable, approves the payment. If the judge or the director or
director's designee disapproves the requested amount of payment,
the judge or the director or director's designee shall make written
findings stating the amount of payment that the judge or the
director or director's designee approves and each reason for
approving an amount different from the requested amount. An
attorney whose request for payment is disapproved or is not
otherwise acted on by the 60th day after the date the request for
payment is submitted may appeal the disapproval or failure to act by
filing a motion with the presiding judge of the administrative
judicial region. On the filing of a motion, the presiding judge of
the administrative judicial region shall review the disapproval of
payment or failure to act and determine the appropriate amount of
payment. In reviewing the disapproval or failure to act, the
presiding judge of the administrative judicial region may conduct a
hearing. Not later than the 45th day after the date an application
for payment of a fee is submitted under this article, the
commissioners court shall pay to the appointed counsel the amount
that is approved by the presiding judge of the administrative
judicial region and that is in accordance with the fee schedule for
that county.
SECTION 2. Article 26.05(c), Code of Criminal Procedure, as
amended by this Act, applies only to expenses incurred by an
attorney on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.