Texas 2025 - 89th Regular

Texas House Bill HB4915 Compare Versions

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1	1	89R8023 EAS-D
2	2	By: Moody H.B. No. 4915
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to legal representation of indigent persons in this state
10	10	and to proceedings before a magistrate including the appointment of
11	11	counsel for an indigent defendant.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 11.074, Code of Criminal Procedure, is
14	14	amended by amending Subsection (b) and adding Subsection (b-1) to
15	15	read as follows:
16	16	(b) If at any time the state represents to the convicting
17	17	court that an eligible indigent defendant under Article 1.051 has
18	18	under a writ of habeas corpus a potentially meritorious claim for
19	19	relief from a judgment described by Subsection (a) [who was
20	20	sentenced or had a sentence suspended is not guilty, is guilty of
21	21	only a lesser offense, or was convicted or sentenced under a law
22	22	that has been found unconstitutional by the court of criminal
23	23	appeals or the United States Supreme Court], the court shall
24	24	appoint an attorney to investigate the claim and represent the
25	25	indigent defendant for purposes of filing an application for a writ
26	26	of habeas corpus, if an application has not been filed, or to
27	27	otherwise represent the indigent defendant in a proceeding based on
28	28	the application for the writ.
29	29	(b-1) For purposes of Subsection (b), a potentially
30	30	meritorious claim is any claim the court determines is likely to
31	31	provide relief, including a claim that the defendant:
32	32	(1) is or may be actually innocent of the offense;
33	33	(2) is or may be guilty of only a lesser offense;
34	34	(3) was or may have been convicted or sentenced under a
35	35	law that has been found unconstitutional by the court of criminal
36	36	appeals or the United States Supreme Court; or
37	37	(4) was or may have been convicted or sentenced in
38	38	violation of the constitution of this state or the United States.
39	39	SECTION 2. Articles 15.17(a) and (f), Code of Criminal
40	40	Procedure, are amended to read as follows:
41	41	(a) (1) In each case enumerated in this Code, the person
42	42	making the arrest or the person having custody of the person
43	43	arrested shall without unnecessary delay, but not later than 48
44	44	hours after the person is arrested, take the person arrested or have
45	45	the person [him] taken before some magistrate of the county where
46	46	the person [accused] was arrested or, to provide more expeditiously
47	47	to the person arrested the warnings described by this article,
48	48	before a magistrate in any other county of this state. The arrested
49	49	person may be taken before the magistrate in person or the image and
50	50	sound of the arrested person may be presented to the magistrate by
51	51	means of a videoconference. For purposes of this subsection,
52	52	"videoconference" means a two-way electronic communication of
53	53	image and sound between the arrested person and the magistrate and
54	54	includes secure Internet videoconferencing.
55	55	(2) The magistrate shall inform in clear language the
56	56	person arrested, either in person or through a videoconference, of:
57	57	(A) the accusation against the person [him] and
58	58	of any affidavit filed with the accusation;
59	59	(B) the person's [therewith, of his] right to
60	60	retain counsel;
61	61	(C) the person's [, of his] right to remain
62	62	silent and to not make a statement;
63	63	(D) the fact that any statement the person makes
64	64	may be used against the person;
65	65	(E) the person's [, of his] right to have an
66	66	attorney present during any interview with peace officers or
67	67	attorneys representing the state;
68	68	(F) the person's [, of his] right to terminate
69	69	the interview at any time;
70	70	(G) the person's [, and of his] right to have an
71	71	examining trial;
72	72	(H) [. The magistrate shall also inform the
73	73	person arrested of] the person's right to request the appointment
74	74	of counsel if the person cannot afford counsel; and
75	75	(I) [. The magistrate shall inform the person
76	76	arrested of] the procedures for requesting appointment of counsel.
77	77	(3) If applicable, the magistrate shall inform the
78	78	person that the person may file the affidavit described by Article
79	79	17.028(f).
80	80	(4) If the person does not speak and understand the
81	81	English language or is deaf, the magistrate shall inform the person
82	82	in a manner consistent with Articles 38.30 and 38.31, as
83	83	appropriate.
84	84	(5) If the proceeding is conducted through a
85	85	videoconference, the magistrate shall ensure that the arrested
86	86	person is able to connect to and understand the image and sound of
87	87	the videoconference.
88	88	(6) If the magistrate has reasonable cause to believe
89	89	that the arrested person has a mental illness or is a person with an
90	90	intellectual disability, the magistrate shall follow the
91	91	procedures under Article 16.22.
92	92	(7) If the magistrate is unable to ensure that the
93	93	arrested person is able to understand and participate in the
94	94	proceeding, the magistrate shall:
95	95	(A) if the magistrate has appointing authority,
96	96	appoint counsel for the person; or
97	97	(B) if the magistrate does not have appointing
98	98	authority, notify the appointing authority of the person's
99	99	inability to understand and participate in the proceeding.
100	100	(8) The magistrate shall ensure that reasonable
101	101	assistance in completing the necessary forms for requesting
102	102	appointment of counsel is provided to the arrested person at the
103	103	same time the person is informed of the person's rights under this
104	104	subsection.
105	105	(9) If the [person] arrested person is indigent and
106	106	requests appointment of counsel and if the magistrate is authorized
107	107	under Article 26.04 to appoint counsel for indigent defendants in
108	108	the county, the magistrate shall appoint counsel in accordance with
109	109	Article 1.051. If the magistrate is not authorized to appoint
110	110	counsel, the magistrate shall without unnecessary delay, but not
111	111	later than 24 hours after the [person] arrested person requests
112	112	appointment of counsel, transmit, or cause to be transmitted to the
113	113	court or to the courts' designee authorized under Article 26.04 to
114	114	appoint counsel in the county, the necessary forms for requesting
115	115	and ruling on the appointment of counsel. [The magistrate shall
116	116	also inform the person arrested that he is not required to make a
117	117	statement and that any statement made by him may be used against
118	118	him.]
119	119	(10) The magistrate shall allow the [person] arrested
120	120	person reasonable time and opportunity to consult counsel and
121	121	shall, after determining whether the person is currently on bail
122	122	for a separate criminal offense and whether the bail decision is
123	123	subject to Article 17.027, admit the person [arrested] to bail if
124	124	allowed by law.
125	125	(11) A record of the communication between the
126	126	arrested person and the magistrate shall be made. [The record shall
127	127	be preserved until the earlier of the following dates:
128	128	[(1) the date on which the pretrial hearing ends; or
129	129	[(2) the 91st day after the date on which the record is
130	130	made if the person is charged with a misdemeanor or the 120th day
131	131	after the date on which the record is made if the person is charged
132	132	with a felony. For purposes of this subsection, "videoconference"
133	133	means a two-way electronic communication of image and sound between
134	134	the arrested person and the magistrate and includes secure Internet
135	135	videoconferencing.]
136	136	(f) A record required under Subsection (a) or (e) may
137	137	consist of written forms, electronic recordings, or other
138	138	documentation as authorized by procedures adopted in the county
139	139	under Article 26.04(a). The record must be retained for at least
140	140	two years after final judgment is entered in the case or the
141	141	proceedings are otherwise terminated. The counsel for the defendant
142	142	may obtain a copy of the record on payment of a reasonable amount to
143	143	cover the costs of reproduction or, if the defendant is indigent,
144	144	the court shall provide a copy to the defendant without charging a
145	145	cost for the copy.
146	146	SECTION 3. Article 26.04, Code of Criminal Procedure, is
147	147	amended by adding Subsection (i-1) to read as follows:
148	148	(i-1) Notwithstanding Subsection (j)(2) or any other law,
149	149	and if funds are appropriated by a county for this purpose, an
150	150	attorney may be appointed under this article to represent an
151	151	indigent person for the sole purpose of providing counsel in
152	152	relation to that person's appearance before a magistrate as
153	153	required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney
154	154	may represent the person in subsequent proceedings of that case,
155	155	only if appointed for that purpose under the other provisions of
156	156	this article.
157	157	SECTION 4. Article 26.044, Code of Criminal Procedure, is
158	158	amended by adding Subsection (i-1) and amending Subsection (l) to
159	159	read as follows:
160	160	(i-1) Notwithstanding Subsection (i)(1), an attorney
161	161	engaged in the private practice of criminal law may be employed by a
162	162	public defender's office on a part-time basis for the sole purpose
163	163	of providing counsel in relation to an indigent person's appearance
164	164	before a magistrate as required by Article 14.06(a), 15.17(a), or
165	165	15.18(a).
166	166	(l) A public defender's office may investigate the
167	167	financial condition of any person the public defender's office is
168	168	appointed to represent. [The public defender's office shall report
169	169	the results of the investigation to the appointing judge. The judge
170	170	may hold a hearing to determine if the person is indigent and
171	171	entitled to representation under this article.]
172	172	SECTION 5. Article 26.047(a)(2), Code of Criminal
173	173	Procedure, is amended to read as follows:
174	174	(2) "Managed assigned counsel program" or "program"
175	175	means a program to perform delegated judicial functions using
176	176	public funds that is operated [with public funds]:
177	177	(A) by a governmental entity, nonprofit
178	178	corporation, or bar association under a written agreement with a
179	179	governmental entity, other than an individual judge or court; [and]
180	180	(B) for the purpose of appointing counsel under
181	181	Article 26.04 of this code or Section 51.10, Family Code;
182	182	(C) for the purpose of appointing or providing an
183	183	investigator, expert, or other support services for appointed
184	184	counsel and their clients;
185	185	(D) for the purpose of approving a payment to an
186	186	attorney, investigator, or expert, and for other reasonable and
187	187	necessary expenses under Article 26.05 or 26.052, including a
188	188	payment for legal representation in a related matter for the
189	189	purpose of ensuring the right to counsel in the primary matter; and
190	190	(E) for the purpose of overseeing and improving
191	191	the quality of representation provided to clients by attorneys
192	192	appointed under this article.
193	193	SECTION 6. Article 26.047, Code of Criminal Procedure, is
194	194	amended by amending Subsections (c), (f), and (g) and adding
195	195	Subsection (j) to read as follows:
196	196	(c) The commissioners court or commissioners courts shall
197	197	require a written plan of operation from an entity operating a
198	198	program under this article. The plan of operation must include:
199	199	(1) a budget for the program, including salaries;
200	200	(2) a description of each personnel position,
201	201	including the program's director;
202	202	(3) the maximum allowable caseload for each attorney
203	203	appointed by the program;
204	204	(4) provisions for training personnel of the program
205	205	and attorneys appointed under the program;
206	206	(5) a description of anticipated overhead costs for
207	207	the program;
208	208	(6) a policy regarding licensed investigators and
209	209	expert witnesses used by attorneys appointed under the program;
210	210	(7) a policy to ensure that appointments are
211	211	reasonably and impartially allocated among qualified attorneys;
212	212	[and]
213	213	(8) a policy to ensure that an attorney appointed
214	214	under the program does not accept appointment in a case that
215	215	involves a conflict of interest for the attorney that has not been
216	216	waived by all affected clients;
217	217	(9) a policy describing the circumstances under which
218	218	the program may allow appointed counsel to provide representation
219	219	in a related matter for the purpose of ensuring the right to counsel
220	220	in the primary matter;
221	221	(10) a policy describing the circumstances under
222	222	which:
223	223	(A) an attorney may withdraw from a case; and
224	224	(B) good cause is established to remove an
225	225	attorney from a case; and
226	226	(11) procedures the program will use to maintain the
227	227	confidentiality of data related to clients whose information is
228	228	held in the juvenile justice system, including which staff may
229	229	access that data.
230	230	(f) The program's public appointment list from which an
231	231	attorney is appointed must contain the names of qualified
232	232	attorneys, each of whom:
233	233	(1) applies to be included on the list;
234	234	(2) meets any applicable requirements specified by the
235	235	procedure for appointing counsel adopted under Article 26.04(a) and
236	236	any other requirements specified by the Texas Indigent Defense
237	237	Commission; and
238	238	(3) is approved by the program director or review
239	239	committee, as applicable.
240	240	(g) A court may replace an attorney appointed by the program
241	241	for the same reasons and in the same manner described by Article
242	242	26.04(k). The notice and reason for the replacement of counsel must
243	243	be documented in the same manner as the original appointment.
244	244	(j) A program may receive information necessary to perform
245	245	the program's functions under this article, including materials
246	246	that are subject to attorney-client privilege, subject to attorney
247	247	work-product privilege, or otherwise protected by constitutional
248	248	or statutory rights of a client represented by an attorney
249	249	appointed under this article. Information and materials described
250	250	by this subsection and information and materials related to a
251	251	purpose described by Subsection (a)(2)(C) are confidential and not
252	252	subject to disclosure, and the program, the attorneys appointed
253	253	under this article, and other individuals, as applicable, shall
254	254	maintain the confidentiality of any information or materials
255	255	described by this subsection.
256	256	SECTION 7. Article 26.05, Code of Criminal Procedure, is
257	257	amended by amending Subsections (a), (c), and (d) and adding
258	258	Subsection (d-1) to read as follows:
259	259	(a) A counsel, other than an attorney with a public
260	260	defender's office or an attorney employed by the office of capital
261	261	and forensic writs, appointed to represent a defendant in a
262	262	criminal proceeding, including a habeas corpus hearing, shall be
263	263	paid a reasonable attorney's fee for performing the following
264	264	services, based on the time and labor required, the complexity of
265	265	the case, and the experience and ability of the appointed counsel:
266	266	(1) time spent in court making an appearance on behalf
267	267	of the defendant as evidenced by a docket entry, time spent in
268	268	trial, and time spent in a proceeding in which sworn oral testimony
269	269	is elicited;
270	270	(2) reasonable and necessary time spent out of court
271	271	on the case, including time spent traveling to perform legal
272	272	services outside the county where the case is pending, supported by
273	273	any documentation that the court requires;
274	274	(3) preparation of an appellate brief and preparation
275	275	and presentation of oral argument to a court of appeals or the Court
276	276	of Criminal Appeals; and
277	277	(4) preparation of a motion for rehearing.
278	278	(c) Each fee schedule adopted shall state reasonable fixed
279	279	rates or minimum and maximum hourly rates, taking into
280	280	consideration reasonable and necessary overhead costs and the
281	281	availability of qualified attorneys willing to accept the stated
282	282	rates, and shall provide a form for the appointed counsel to itemize
283	283	the types of services performed. No payment shall be made under
284	284	this article until the form for itemizing the services performed is
285	285	submitted to the judge presiding over the proceedings or, if the
286	286	county operates a managed assigned counsel program under Article
287	287	26.047, to the director of the program or the director's designee,
288	288	and until the judge or the director or director's designee, as
289	289	applicable, approves the payment. If the judge or the director or
290	290	director's designee disapproves the requested amount of payment,
291	291	the judge or the director or director's designee shall make written
292	292	findings stating the amount of payment that the judge or the
293	293	director or director's designee approves and each reason for
294	294	approving an amount different from the requested amount. An
295	295	attorney whose request for payment is disapproved or is not
296	296	otherwise acted on by the 60th day after the date the request for
297	297	payment is submitted may appeal the disapproval or failure to act by
298	298	filing a motion with the presiding judge of the administrative
299	299	judicial region. On the filing of a motion, the presiding judge of
300	300	the administrative judicial region shall review the disapproval of
301	301	payment or failure to act and determine the appropriate amount of
302	302	payment. In reviewing the disapproval or failure to act, the
303	303	presiding judge of the administrative judicial region may conduct a
304	304	hearing. Not later than the 45th day after the date an application
305	305	for payment of a fee is submitted under this article, the
306	306	commissioners court shall pay to the appointed counsel the amount
307	307	that is approved by the presiding judge of the administrative
308	308	judicial region and that is in accordance with the fee schedule for
309	309	that county.
310	310	(d) A counsel in a noncapital case, other than an attorney
311	311	with a public defender's office, appointed to represent a defendant
312	312	under this code shall be reimbursed for reasonable and necessary
313	313	expenses, including expenses for:
314	314	(1) investigation;
315	315	(2) [and for] mental health and other experts; and
316	316	(3) if the defendant is confined in a correctional
317	317	facility located more than 50 miles from the court in which the
318	318	defendant's proceeding is pending:
319	319	(A) travel to the defendant's location for a
320	320	confidential communication and food and lodging related to that
321	321	travel; and
322	322	(B) any costs associated with remotely entering
323	323	into a confidential communication with the defendant.
324	324	(d-1) Expenses under Subsection (d) incurred with prior
325	325	court approval shall be reimbursed in the same manner provided for
326	326	capital cases by Articles 26.052(f) and (g), and expenses under
327	327	Subsection (d) incurred without prior court approval shall be
328	328	reimbursed in the manner provided for capital cases by Article
329	329	26.052(h).
330	330	SECTION 8. Article 26.051, Code of Criminal Procedure, is
331	331	amended by amending Subsections (g), (h), and (i) and adding
332	332	Subsection (h-1) to read as follows:
333	333	(g) The court shall appoint the public defender's office or
334	334	an attorney other than an attorney provided by the board if the
335	335	court determines for any of the following reasons that a conflict of
336	336	interest could arise from the use of an attorney provided by the
337	337	board under Subsection (e) [of this article]:
338	338	(1) the case involves more than one inmate and the
339	339	representation of more than one inmate could impair the attorney's
340	340	effectiveness;
341	341	(2) the case is appealed and the court is satisfied
342	342	that conflict of interest would prevent the presentation of a good
343	343	faith allegation of ineffective assistance of counsel by a trial
344	344	attorney provided by the board; or
345	345	(3) any conflict of interest exists under the Texas
346	346	Disciplinary Rules of Professional Conduct of the State Bar of
347	347	Texas that precludes representation by an attorney appointed by the
348	348	board.
349	349	(h) When the court appoints the public defender's office or
350	350	an attorney other than an attorney provided by the board:
351	351	(1) except as otherwise provided by this article, the
352	352	inmate's legal defense is subject to Articles 1.051, 26.04, 26.044,
353	353	26.05, and 26.052, as applicable; and
354	354	(2) the county in which a facility of the correctional
355	355	institutions division or a correctional facility authorized by
356	356	Section 495.001, Government Code, is located shall pay from its
357	357	general fund the total costs of the aggregate amount allowed and
358	358	awarded by the court for attorney compensation and expenses under
359	359	Article 26.05 or 26.052, as applicable.
360	360	(h-1) If the court appoints a public defender's office under
361	361	Subsection (g), the public defender's office shall certify to the
362	362	court the amount of expenses incurred in the representation. The
363	363	court shall submit the certified amount to the comptroller for
364	364	reimbursement of the county by the state as described by Subsection
365	365	(i).
366	366	(i) The state shall reimburse a county for attorney
367	367	compensation and expenses awarded under Subsection (h) and for any
368	368	expenses of a public defender's office that are certified under
369	369	Subsection (h-1). A court seeking reimbursement for a county shall
370	370	certify to the comptroller of public accounts the amount of
371	371	compensation and expenses for which the county is entitled to be
372	372	reimbursed under this article. Not later than the 60th day after
373	373	the date the comptroller receives from the court the request for
374	374	reimbursement, the comptroller shall issue a warrant to the county
375	375	in the certified amount [certified by the court].
376	376	SECTION 9. Chapter 61, Education Code, is amended by adding
377	377	Subchapter Y-1 to read as follows:
378	378	SUBCHAPTER Y-1. REPAYMENT OF CERTAIN EDUCATION LOANS: PUBLIC
379	379	DEFENSE ATTORNEY
380	380	Sec. 61.9611. APPLICABILITY. This subchapter applies only
381	381	to a county:
382	382	(1) with a population of 300,000 or less; or
383	383	(2) designated by the Texas Indigent Defense
384	384	Commission under Section 61.9620.
385	385	Sec. 61.9612. REPAYMENT ASSISTANCE AUTHORIZED. (a) The
386	386	board shall provide, using funds appropriated for that purpose and
387	387	in accordance with this subchapter and board rules, assistance in
388	388	the repayment of student loans for attorneys who apply and qualify
389	389	for the assistance.
390	390	(b) The provision of financial assistance in the repayment
391	391	of education loans under this subchapter promotes a public purpose.
392	392	Sec. 61.9613. ELIGIBILITY. To be eligible to receive
393	393	repayment assistance, an attorney licensed in this state must:
394	394	(1) apply to the board;
395	395	(2) at the time of application, be:
396	396	(A) currently employed as an attorney by a public
397	397	defender's office, office of child representation, office of parent
398	398	representation, or attorney for a managed assigned counsel program
399	399	that serves a county to which this subchapter applies; or
400	400	(B) an attorney providing appointed
401	401	representation to indigent defendants, juvenile respondents, or
402	402	indigent parents or children in proceedings brought by the
403	403	Department of Family and Protective Services:
404	404	(i) in one or more counties to which this
405	405	subchapter applies; and
406	406	(ii) where representation is, on average,
407	407	at least 30 hours per week of the attorney's practice time in the
408	408	most recent state fiscal year; and
409	409	(3) have completed one, two, three, or four
410	410	consecutive years of practice as described by Subdivision (2).
411	411	Sec. 61.9614. ELIGIBLE LOANS. (a) The board may provide
412	412	repayment assistance for the repayment of any loan received by the
413	413	attorney through any lender for education at an institution of
414	414	higher education, including a loan for undergraduate education.
415	415	(b) The board may not provide repayment assistance for an
416	416	education loan that is in default at the time of the attorney's
417	417	application.
418	418	(c) Each state fiscal biennium, the board shall attempt to
419	419	allocate all money appropriated to the board for the purpose of
420	420	providing repayment assistance under this subchapter.
421	421	Sec. 61.9615. REPAYMENT. The board shall deliver any
422	422	repayment made under this subchapter in a lump sum payable:
423	423	(1) to both the attorney and the lender or other holder
424	424	of the affected loan; or
425	425	(2) directly to the lender or other holder of the loan
426	426	on the attorney's behalf.
427	427	Sec. 61.9616. ADVISORY COMMITTEES. The board may appoint
428	428	advisory committees from outside the board's membership to assist
429	429	the board in performing its duties under this subchapter.
430	430	Sec. 61.9617. ACCEPTANCE OF FUNDS. The board may accept
431	431	gifts, grants, and donations for the purposes of this subchapter.
432	432	Sec. 61.9618. RULES. (a) The board shall adopt rules
433	433	necessary for the administration of this subchapter, including a
434	434	rule that sets the maximum amount of repayment assistance that an
435	435	attorney may receive in one year.
436	436	(b) The board shall distribute a copy of the rules adopted
437	437	under this section and pertinent information in this subchapter to:
438	438	(1) each school of law authorized by the board to award
439	439	a degree that satisfies the law study requirements for licensure as
440	440	an attorney in this state; and
441	441	(2) the Texas Indigent Defense Commission.
442	442	Sec. 61.9619. AMOUNT OF REPAYMENT ASSISTANCE. (a) An
443	443	attorney may receive repayment assistance under this subchapter in
444	444	the amount determined by board rule, not to exceed the following
445	445	amounts for each year for which the attorney establishes
446	446	eligibility for the assistance:
447	447	(1) for the first year, $30,000;
448	448	(2) for the second year, $40,000;
449	449	(3) for the third year, $50,000; and
450	450	(4) for the fourth year, $60,000.
451	451	(b) The total amount of repayment assistance distributed by
452	452	the board may not exceed the total amount of money appropriated to
453	453	the board and received by the board from gifts, grants, and
454	454	donations for the purposes of this subchapter.
455	455	(c) The total amount of repayment assistance made under this
456	456	subchapter to an individual attorney may not exceed $180,000.
457	457	Sec. 61.9620. DESIGNATION OF HIGH NEED COUNTY. The Texas
458	458	Indigent Defense Commission may designate a county in which the
459	459	need for public defenders exceeds the statewide average as a county
460	460	to which this subchapter applies.
461	461	SECTION 10. Section 79.037(a), Government Code, is amended
462	462	to read as follows:
463	463	(a) The commission shall:
464	464	(1) provide technical support to:
465	465	(A) assist counties in improving their systems
466	466	for providing indigent defense services, including indigent
467	467	defense support services;
468	468	(B) assist counties in improving their systems
469	469	for providing family protection services; and
470	470	(C) promote compliance by counties with the
471	471	requirements of state law relating to indigent defense and family
472	472	protection services;
473	473	(2) to assist a county in providing or improving the
474	474	provision of indigent defense services and family protection
475	475	services in the county, distribute in the form of grants any funds
476	476	appropriated for the purposes of this section to one or more of the
477	477	following entities:
478	478	(A) the county;
479	479	(B) a law school's legal clinic or program that
480	480	provides indigent defense services in the county;
481	481	(C) a regional public defender that meets the
482	482	requirements of Subsection (e) and provides indigent defense
483	483	services in the county;
484	484	(D) an entity described by Section 791.013 that
485	485	provides to a county administrative services under an interlocal
486	486	contract entered into for the purpose of providing or improving the
487	487	provision of indigent defense services or family protection
488	488	services in the county;
489	489	(E) a nonprofit corporation that provides
490	490	indigent defense services, indigent defense support services, or
491	491	family protection services in the county; and
492	492	(F) an office of child representation or office
493	493	of parent representation created under Subchapter G, Chapter 107,
494	494	Family Code; [and]
495	495	(3) monitor each entity that receives a grant under
496	496	Subdivision (2) and enforce compliance with the conditions of the
497	497	grant, including enforcement by:
498	498	(A) withdrawing grant funds; or
499	499	(B) requiring reimbursement of grant funds by the
500	500	entity; and
501	501	(4) provide grants and awards through the Texas Public
502	502	Defense Internship and Fellowship Program described by Section
503	503	79.038.
504	504	SECTION 11. Subchapter C, Chapter 79, Government Code, is
505	505	amended by adding Section 79.038 to read as follows:
506	506	Sec. 79.038. TEXAS PUBLIC DEFENSE INTERNSHIP AND FELLOWSHIP
507	507	PROGRAM. (a) The commission shall establish the Texas Public
508	508	Defense Internship and Fellowship Program to provide grants to
509	509	entities described by Section 79.037 to provide, with the
510	510	assistance of students enrolled at and recent graduates of public
511	511	and private institutions of higher education in this state, legal
512	512	representation to indigent persons under:
513	513	(1) Article 26.04, Code of Criminal Procedure;
514	514	(2) Title 3, Family Code; and
515	515	(3) Title 5, Family Code.
516	516	(b) The program may make direct awards to students and
517	517	recent graduates described by Subsection (a) for purposes of
518	518	providing legal representation as described by that subsection.
519	519	SECTION 12. Section 411.082, Government Code, is amended by
520	520	adding Subdivision (4-a) to read as follows:
521	521	(4-a) "Managed assigned counsel program" has the
522	522	meaning assigned by Article 26.047, Code of Criminal Procedure.
523	523	SECTION 13. Section 411.088(a-1), Government Code, is
524	524	amended to read as follows:
525	525	(a-1) The department may not charge a fee under Subsection
526	526	(a) for providing criminal history record information to:
527	527	(1) a criminal justice agency;
528	528	(2) the office of capital and forensic writs; [or]
529	529	(3) a public defender's office; or
530	530	(4) a managed assigned counsel program.
531	531	SECTION 14. Section 411.1272, Government Code, is amended
532	532	to read as follows:
533	533	Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
534	534	INFORMATION: OFFICE OF CAPITAL AND FORENSIC WRITS, [AND] PUBLIC
535	535	DEFENDER'S OFFICES, AND MANAGED ASSIGNED COUNSEL PROGRAMS. The
536	536	office of capital and forensic writs, [and] a public defender's
537	537	office, and a managed assigned counsel program are entitled to
538	538	obtain from the department criminal history record information
539	539	maintained by the department that relates to a criminal case in
540	540	which an attorney compensated by the office of capital and forensic
541	541	writs or by the public defender's office has been appointed by the
542	542	court or in which an attorney has been appointed by the managed
543	543	assigned counsel program, as applicable [has been appointed].
544	544	SECTION 15. Section 25.025(a), Tax Code, as amended by
545	545	Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
546	546	4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
547	547	Session, 2023, is reenacted and amended to read as follows:
548	548	(a) This section applies only to:
549	549	(1) a current or former peace officer as defined by
550	550	Article 2A.001, Code of Criminal Procedure, and the spouse or
551	551	surviving spouse of the peace officer;
552	552	(2) the adult child of a current peace officer as
553	553	defined by Article 2A.001, Code of Criminal Procedure;
554	554	(3) a current or honorably retired county jailer as
555	555	defined by Section 1701.001, Occupations Code;
556	556	(4) an employee of the Texas Department of Criminal
557	557	Justice;
558	558	(5) a commissioned security officer as defined by
559	559	Section 1702.002, Occupations Code;
560	560	(6) an individual who shows that the individual, the
561	561	individual's child, or another person in the individual's household
562	562	is a victim of family violence as defined by Section 71.004, Family
563	563	Code, by providing:
564	564	(A) a copy of a protective order issued under
565	565	Chapter 85, Family Code, or a magistrate's order for emergency
566	566	protection issued under Article 17.292, Code of Criminal Procedure;
567	567	or
568	568	(B) other independent documentary evidence
569	569	necessary to show that the individual, the individual's child, or
570	570	another person in the individual's household is a victim of family
571	571	violence;
572	572	(7) an individual who shows that the individual, the
573	573	individual's child, or another person in the individual's household
574	574	is a victim of sexual assault or abuse, stalking, or trafficking of
575	575	persons by providing:
576	576	(A) a copy of a protective order issued under
577	577	Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
578	578	magistrate's order for emergency protection issued under Article
579	579	17.292, Code of Criminal Procedure; or
580	580	(B) other independent documentary evidence
581	581	necessary to show that the individual, the individual's child, or
582	582	another person in the individual's household is a victim of sexual
583	583	assault or abuse, stalking, or trafficking of persons;
584	584	(8) a participant in the address confidentiality
585	585	program administered by the attorney general under Subchapter B,
586	586	Chapter 58, Code of Criminal Procedure, who provides proof of
587	587	certification under Article 58.059, Code of Criminal Procedure;
588	588	(9) a federal judge, a federal bankruptcy judge, a
589	589	marshal of the United States Marshals Service, a state judge, or a
590	590	family member of a federal judge, a federal bankruptcy judge, a
591	591	marshal of the United States Marshals Service, or a state judge;
592	592	(10) a current or former district attorney, criminal
593	593	district attorney, or county or municipal attorney whose
594	594	jurisdiction includes any criminal law or child protective services
595	595	matters;
596	596	(11) a current or former employee of a district
597	597	attorney, criminal district attorney, or county or municipal
598	598	attorney whose jurisdiction includes any criminal law or child
599	599	protective services matters;
600	600	(12) an officer or employee of a community supervision
601	601	and corrections department established under Chapter 76,
602	602	Government Code, who performs a duty described by Section 76.004(b)
603	603	of that code;
604	604	(13) a criminal investigator of the United States as
605	605	described by Article 2A.002(a), Code of Criminal Procedure;
606	606	(14) a current or honorably retired police officer or
607	607	inspector of the United States Federal Protective Service;
608	608	(15) a current or former United States attorney,
609	609	assistant United States attorney, federal public defender, deputy
610	610	federal public defender, or assistant federal public defender and
611	611	the spouse and child of the attorney or public defender;
612	612	(16) a current or former employee of the office of the
613	613	attorney general who is or was assigned to a division of that office
614	614	the duties of which involve law enforcement or are performed under
615	615	Chapter 231, Family Code;
616	616	(17) a medical examiner or person who performs
617	617	forensic analysis or testing who is employed by this state or one or
618	618	more political subdivisions of this state;
619	619	(18) a current or former member of the United States
620	620	armed forces who has served in an area that the president of the
621	621	United States by executive order designates for purposes of 26
622	622	U.S.C. Section 112 as an area in which armed forces of the United
623	623	States are or have engaged in combat;
624	624	(19) a current or former employee of the Texas
625	625	Juvenile Justice Department or of the predecessors in function of
626	626	the department;
627	627	(20) a current or former juvenile probation or
628	628	supervision officer certified by the Texas Juvenile Justice
629	629	Department, or the predecessors in function of the department,
630	630	under Title 12, Human Resources Code;
631	631	(21) a current or former employee of a juvenile
632	632	justice program or facility, as those terms are defined by Section
633	633	261.405, Family Code;
634	634	(22) a current or former employee of the Texas Civil
635	635	Commitment Office or the predecessor in function of the office or a
636	636	division of the office;
637	637	(23) a current or former employee of a federal judge or
638	638	state judge;
639	639	(24) a current or former child protective services
640	640	caseworker, adult protective services caseworker, or investigator
641	641	for the Department of Family and Protective Services or a current or
642	642	former employee of a department contractor performing child
643	643	protective services caseworker, adult protective services
644	644	caseworker, or investigator functions for the contractor on behalf
645	645	of the department;
646	646	(25) an elected public officer;
647	647	(26) a firefighter or volunteer firefighter or
648	648	emergency medical services personnel as defined by Section 773.003,
649	649	Health and Safety Code;
650	650	(27) a customs and border protection officer or border
651	651	patrol agent of United States Customs and Border Protection or the
652	652	spouse, surviving spouse, or adult child of a customs and border
653	653	protection officer or border patrol agent;
654	654	(28) [(27) a current or former attorney for the
655	655	Department of Family and Protective Services
656	656	[(27)] a current or former employee or contract staff
657	657	member of a university health care provider at a corrections
658	658	facility operated by the Texas Department of Criminal Justice or
659	659	the Texas Juvenile Justice Department; [and]
660	660	(29) [(28)] a current or former attorney for the
661	661	Department of Family and Protective Services;
662	662	(30) an employee of a public defender's office, as
663	663	defined by Article 26.044, Code of Criminal Procedure; and
664	664	(31) an employee of a managed assigned counsel
665	665	program, as defined by Article 26.047, Code of Criminal Procedure.
666	666	SECTION 16. Subchapter C, Chapter 183, Tax Code, is amended
667	667	by adding Section 183.055 to read as follows:
668	668	Sec. 183.055. ALLOCATION OF CERTAIN REVENUE TO FAIR DEFENSE
669	669	FUND. The comptroller shall deposit one percent of the taxes
670	670	received under Subchapters B and B-1 to the credit of the fair
671	671	defense account established under Section 79.031, Government Code.
672	672	Money deposited to the account under this section may be used only
673	673	for the purposes described by Section 79.031, Government Code.
674	674	SECTION 17. Section 730.007(c), Transportation Code, is
675	675	amended to read as follows:
676	676	(c) This section does not:
677	677	(1) prohibit the disclosure of a person's photographic
678	678	image to:
679	679	(A) a law enforcement agency, the Texas
680	680	Department of Motor Vehicles, a county tax assessor-collector, or a
681	681	criminal justice agency for an official purpose;
682	682	(B) an agency of this state investigating an
683	683	alleged violation of a state or federal law relating to the
684	684	obtaining, selling, or purchasing of a benefit authorized by
685	685	Chapter 31 or 33, Human Resources Code; [or]
686	686	(C) an agency of this state investigating an
687	687	alleged violation of a state or federal law under authority
688	688	provided by Title 4, Labor Code; or
689	689	(D) a private investigator licensed under
690	690	Chapter 1702, Occupations Code, who is employed by a public
691	691	defender's office for an official purpose; or
692	692	(2) prevent a court from compelling by subpoena the
693	693	production of a person's photographic image.
694	694	SECTION 18. To the extent of any conflict, this Act prevails
695	695	over another Act of the 89th Legislature, Regular Session, 2025,
696	696	relating to nonsubstantive additions to and corrections in enacted
697	697	codes.
698	698	SECTION 19. Article 11.074, Code of Criminal Procedure, as
699	699	amended by this Act, applies regardless of whether the offense for
700	700	which the applicant is in custody was committed before, on, or after
701	701	the effective date of this Act.
702	702	SECTION 20. Article 15.17, Code of Criminal Procedure, as
703	703	amended by this Act, and Article 26.04(i-1), Code of Criminal
704	704	Procedure, as added by this Act, apply only to a person who is
705	705	arrested on or after the effective date of this Act. A person
706	706	arrested before the effective date of this Act is governed by the
707	707	law in effect on the date the person was arrested, and the former
708	708	law is continued in effect for that purpose.
709	709	SECTION 21. Article 26.05, Code of Criminal Procedure, as
710	710	amended by this Act, applies only to expenses incurred on or after
711	711	the effective date of this Act.
712	712	SECTION 22. The Texas Higher Education Coordinating Board
713	713	shall adopt the rules for the repayment assistance program under
714	714	Subchapter Y-1, Chapter 61, Education Code, as added by this Act,
715	715	not later than December 1, 2025.
716	716	SECTION 23. This Act takes effect September 1, 2025.