| 1 | 1 | | 89R3508 AJZ-F |
|---|
| 2 | 2 | | By: Campbell, King S.B. No. 2009 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the compensation of counsel appointed to provide |
|---|
| 10 | 10 | | representation and services to indigent individuals in criminal and |
|---|
| 11 | 11 | | juvenile proceedings. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Article 26.05(c), Code of Criminal Procedure, is |
|---|
| 14 | 14 | | amended to read as follows: |
|---|
| 15 | 15 | | (c) Each fee schedule adopted shall state reasonable fixed |
|---|
| 16 | 16 | | rates or minimum and maximum hourly rates, taking into |
|---|
| 17 | 17 | | consideration reasonable and necessary overhead costs and the |
|---|
| 18 | 18 | | availability of qualified attorneys willing to accept the stated |
|---|
| 19 | 19 | | rates, and shall provide a form for the appointed counsel to itemize |
|---|
| 20 | 20 | | the types of services performed. No payment shall be made under |
|---|
| 21 | 21 | | this article until the form for itemizing the services performed is |
|---|
| 22 | 22 | | submitted to the judge presiding over the proceedings or, if the |
|---|
| 23 | 23 | | county operates a managed assigned counsel program under Article |
|---|
| 24 | 24 | | 26.047, to the director of the program or the director's designee, |
|---|
| 25 | 25 | | and until the judge or the director or director's designee, as |
|---|
| 26 | 26 | | applicable, approves the payment. If the judge or the director or |
|---|
| 27 | 27 | | director's designee disapproves the requested amount of payment, |
|---|
| 28 | 28 | | the judge or the director or director's designee shall make written |
|---|
| 29 | 29 | | findings stating the amount of payment that the judge or the |
|---|
| 30 | 30 | | director or director's designee approves and each reason for |
|---|
| 31 | 31 | | approving an amount different from the requested amount. An |
|---|
| 32 | 32 | | attorney whose request for payment is disapproved or is not |
|---|
| 33 | 33 | | otherwise acted on by the 60th day after the date the request for |
|---|
| 34 | 34 | | payment is submitted may appeal the disapproval or failure to act by |
|---|
| 35 | 35 | | filing a motion with the presiding judge of the administrative |
|---|
| 36 | 36 | | judicial region. On the filing of a motion, the presiding judge of |
|---|
| 37 | 37 | | the administrative judicial region shall review the disapproval of |
|---|
| 38 | 38 | | payment or failure to act and determine the appropriate amount of |
|---|
| 39 | 39 | | payment. In reviewing the disapproval or failure to act, the |
|---|
| 40 | 40 | | presiding judge of the administrative judicial region may conduct a |
|---|
| 41 | 41 | | hearing. Not later than the 45th day after the date an application |
|---|
| 42 | 42 | | for payment of a fee is submitted under this article, the |
|---|
| 43 | 43 | | commissioners court shall pay to the appointed counsel the amount |
|---|
| 44 | 44 | | that is approved by the presiding judge of the administrative |
|---|
| 45 | 45 | | judicial region and that is in accordance with the fee schedule for |
|---|
| 46 | 46 | | that county. |
|---|
| 47 | 47 | | SECTION 2. Article 26.05(c), Code of Criminal Procedure, as |
|---|
| 48 | 48 | | amended by this Act, applies only to expenses incurred by an |
|---|
| 49 | 49 | | attorney on or after the effective date of this Act. |
|---|
| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|