89R8023 EAS-D
By: Zaffirini S.B. No. 2111
A BILL TO BE ENTITLED
AN ACT
relating to legal representation of indigent persons in this state
and to proceedings before a magistrate including the appointment of
counsel for an indigent defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 11.074, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) If at any time the state represents to the convicting
court that an eligible indigent defendant under Article 1.051 has
under a writ of habeas corpus a potentially meritorious claim for
relief from a judgment described by Subsection (a) [who was
sentenced or had a sentence suspended is not guilty, is guilty of
only a lesser offense, or was convicted or sentenced under a law
that has been found unconstitutional by the court of criminal
appeals or the United States Supreme Court], the court shall
appoint an attorney to investigate the claim and represent the
indigent defendant for purposes of filing an application for a writ
of habeas corpus, if an application has not been filed, or to
otherwise represent the indigent defendant in a proceeding based on
the application for the writ.
(b-1) For purposes of Subsection (b), a potentially
meritorious claim is any claim the court determines is likely to
provide relief, including a claim that the defendant:
(1) is or may be actually innocent of the offense;
(2) is or may be guilty of only a lesser offense;
(3) was or may have been convicted or sentenced under a
law that has been found unconstitutional by the court of criminal
appeals or the United States Supreme Court; or
(4) was or may have been convicted or sentenced in
violation of the constitution of this state or the United States.
SECTION 2. Articles 15.17(a) and (f), Code of Criminal
Procedure, are amended to read as follows:
(a) (1) In each case enumerated in this Code, the person
making the arrest or the person having custody of the person
arrested shall without unnecessary delay, but not later than 48
hours after the person is arrested, take the person arrested or have
the person [him] taken before some magistrate of the county where
the person [accused] was arrested or, to provide more expeditiously
to the person arrested the warnings described by this article,
before a magistrate in any other county of this state. The arrested
person may be taken before the magistrate in person or the image and
sound of the arrested person may be presented to the magistrate by
means of a videoconference. For purposes of this subsection,
"videoconference" means a two-way electronic communication of
image and sound between the arrested person and the magistrate and
includes secure Internet videoconferencing.
(2) The magistrate shall inform in clear language the
person arrested, either in person or through a videoconference, of:
(A) the accusation against the person [him] and
of any affidavit filed with the accusation;
(B) the person's [therewith, of his] right to
retain counsel;
(C) the person's [, of his] right to remain
silent and to not make a statement;
(D) the fact that any statement the person makes
may be used against the person;
(E) the person's [, of his] right to have an
attorney present during any interview with peace officers or
attorneys representing the state;
(F) the person's [, of his] right to terminate
the interview at any time;
(G) the person's [, and of his] right to have an
examining trial;
(H) [. The magistrate shall also inform the
person arrested of] the person's right to request the appointment
of counsel if the person cannot afford counsel; and
(I) [. The magistrate shall inform the person
arrested of] the procedures for requesting appointment of counsel.
(3) If applicable, the magistrate shall inform the
person that the person may file the affidavit described by Article
17.028(f).
(4) If the person does not speak and understand the
English language or is deaf, the magistrate shall inform the person
in a manner consistent with Articles 38.30 and 38.31, as
appropriate.
(5) If the proceeding is conducted through a
videoconference, the magistrate shall ensure that the arrested
person is able to connect to and understand the image and sound of
the videoconference.
(6) If the magistrate has reasonable cause to believe
that the arrested person has a mental illness or is a person with an
intellectual disability, the magistrate shall follow the
procedures under Article 16.22.
(7) If the magistrate is unable to ensure that the
arrested person is able to understand and participate in the
proceeding, the magistrate shall:
(A) if the magistrate has appointing authority,
appoint counsel for the person; or
(B) if the magistrate does not have appointing
authority, notify the appointing authority of the person's
inability to understand and participate in the proceeding.
(8) The magistrate shall ensure that reasonable
assistance in completing the necessary forms for requesting
appointment of counsel is provided to the arrested person at the
same time the person is informed of the person's rights under this
subsection.
(9) If the [person] arrested person is indigent and
requests appointment of counsel and if the magistrate is authorized
under Article 26.04 to appoint counsel for indigent defendants in
the county, the magistrate shall appoint counsel in accordance with
Article 1.051. If the magistrate is not authorized to appoint
counsel, the magistrate shall without unnecessary delay, but not
later than 24 hours after the [person] arrested person requests
appointment of counsel, transmit, or cause to be transmitted to the
court or to the courts' designee authorized under Article 26.04 to
appoint counsel in the county, the necessary forms for requesting
and ruling on the appointment of counsel. [The magistrate shall
also inform the person arrested that he is not required to make a
statement and that any statement made by him may be used against
him.]
(10) The magistrate shall allow the [person] arrested
person reasonable time and opportunity to consult counsel and
shall, after determining whether the person is currently on bail
for a separate criminal offense and whether the bail decision is
subject to Article 17.027, admit the person [arrested] to bail if
allowed by law.
(11) A record of the communication between the
arrested person and the magistrate shall be made. [The record shall
be preserved until the earlier of the following dates:
[(1) the date on which the pretrial hearing ends; or
[(2) the 91st day after the date on which the record is
made if the person is charged with a misdemeanor or the 120th day
after the date on which the record is made if the person is charged
with a felony. For purposes of this subsection, "videoconference"
means a two-way electronic communication of image and sound between
the arrested person and the magistrate and includes secure Internet
videoconferencing.]
(f) A record required under Subsection (a) or (e) may
consist of written forms, electronic recordings, or other
documentation as authorized by procedures adopted in the county
under Article 26.04(a). The record must be retained for at least
two years after final judgment is entered in the case or the
proceedings are otherwise terminated. The counsel for the defendant
may obtain a copy of the record on payment of a reasonable amount to
cover the costs of reproduction or, if the defendant is indigent,
the court shall provide a copy to the defendant without charging a
cost for the copy.
SECTION 3. Article 26.04, Code of Criminal Procedure, is
amended by adding Subsection (i-1) to read as follows:
(i-1) Notwithstanding Subsection (j)(2) or any other law,
and if funds are appropriated by a county for this purpose, an
attorney may be appointed under this article to represent an
indigent person for the sole purpose of providing counsel in
relation to that person's appearance before a magistrate as
required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney
may represent the person in subsequent proceedings of that case,
only if appointed for that purpose under the other provisions of
this article.
SECTION 4. Article 26.044, Code of Criminal Procedure, is
amended by adding Subsection (i-1) and amending Subsection (l) to
read as follows:
(i-1) Notwithstanding Subsection (i)(1), an attorney
engaged in the private practice of criminal law may be employed by a
public defender's office on a part-time basis for the sole purpose
of providing counsel in relation to an indigent person's appearance
before a magistrate as required by Article 14.06(a), 15.17(a), or
15.18(a).
(l) A public defender's office may investigate the
financial condition of any person the public defender's office is
appointed to represent. [The public defender's office shall report
the results of the investigation to the appointing judge. The judge
may hold a hearing to determine if the person is indigent and
entitled to representation under this article.]
SECTION 5. Article 26.047(a)(2), Code of Criminal
Procedure, is amended to read as follows:
(2) "Managed assigned counsel program" or "program"
means a program to perform delegated judicial functions using
public funds that is operated [with public funds]:
(A) by a governmental entity, nonprofit
corporation, or bar association under a written agreement with a
governmental entity, other than an individual judge or court; [and]
(B) for the purpose of appointing counsel under
Article 26.04 of this code or Section 51.10, Family Code;
(C) for the purpose of appointing or providing an
investigator, expert, or other support services for appointed
counsel and their clients;
(D) for the purpose of approving a payment to an
attorney, investigator, or expert, and for other reasonable and
necessary expenses under Article 26.05 or 26.052, including a
payment for legal representation in a related matter for the
purpose of ensuring the right to counsel in the primary matter; and
(E) for the purpose of overseeing and improving
the quality of representation provided to clients by attorneys
appointed under this article.
SECTION 6. Article 26.047, Code of Criminal Procedure, is
amended by amending Subsections (c), (f), and (g) and adding
Subsection (j) to read as follows:
(c) The commissioners court or commissioners courts shall
require a written plan of operation from an entity operating a
program under this article. The plan of operation must include:
(1) a budget for the program, including salaries;
(2) a description of each personnel position,
including the program's director;
(3) the maximum allowable caseload for each attorney
appointed by the program;
(4) provisions for training personnel of the program
and attorneys appointed under the program;
(5) a description of anticipated overhead costs for
the program;
(6) a policy regarding licensed investigators and
expert witnesses used by attorneys appointed under the program;
(7) a policy to ensure that appointments are
reasonably and impartially allocated among qualified attorneys;
[and]
(8) a policy to ensure that an attorney appointed
under the program does not accept appointment in a case that
involves a conflict of interest for the attorney that has not been
waived by all affected clients;
(9) a policy describing the circumstances under which
the program may allow appointed counsel to provide representation
in a related matter for the purpose of ensuring the right to counsel
in the primary matter;
(10) a policy describing the circumstances under
which:
(A) an attorney may withdraw from a case; and
(B) good cause is established to remove an
attorney from a case; and
(11) procedures the program will use to maintain the
confidentiality of data related to clients whose information is
held in the juvenile justice system, including which staff may
access that data.
(f) The program's public appointment list from which an
attorney is appointed must contain the names of qualified
attorneys, each of whom:
(1) applies to be included on the list;
(2) meets any applicable requirements specified by the
procedure for appointing counsel adopted under Article 26.04(a) and
any other requirements specified by the Texas Indigent Defense
Commission; and
(3) is approved by the program director or review
committee, as applicable.
(g) A court may replace an attorney appointed by the program
for the same reasons and in the same manner described by Article
26.04(k). The notice and reason for the replacement of counsel must
be documented in the same manner as the original appointment.
(j) A program may receive information necessary to perform
the program's functions under this article, including materials
that are subject to attorney-client privilege, subject to attorney
work-product privilege, or otherwise protected by constitutional
or statutory rights of a client represented by an attorney
appointed under this article. Information and materials described
by this subsection and information and materials related to a
purpose described by Subsection (a)(2)(C) are confidential and not
subject to disclosure, and the program, the attorneys appointed
under this article, and other individuals, as applicable, shall
maintain the confidentiality of any information or materials
described by this subsection.
SECTION 7. Article 26.05, Code of Criminal Procedure, is
amended by amending Subsections (a), (c), and (d) and adding
Subsection (d-1) to read as follows:
(a) A counsel, other than an attorney with a public
defender's office or an attorney employed by the office of capital
and forensic writs, appointed to represent a defendant in a
criminal proceeding, including a habeas corpus hearing, shall be
paid a reasonable attorney's fee for performing the following
services, based on the time and labor required, the complexity of
the case, and the experience and ability of the appointed counsel:
(1) time spent in court making an appearance on behalf
of the defendant as evidenced by a docket entry, time spent in
trial, and time spent in a proceeding in which sworn oral testimony
is elicited;
(2) reasonable and necessary time spent out of court
on the case, including time spent traveling to perform legal
services outside the county where the case is pending, supported by
any documentation that the court requires;
(3) preparation of an appellate brief and preparation
and presentation of oral argument to a court of appeals or the Court
of Criminal Appeals; and
(4) preparation of a motion for rehearing.
(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.
(d) A counsel in a noncapital case, other than an attorney
with a public defender's office, appointed to represent a defendant
under this code shall be reimbursed for reasonable and necessary
expenses, including expenses for:
(1) investigation;
(2) [and for] mental health and other experts; and
(3) if the defendant is confined in a correctional
facility located more than 50 miles from the court in which the
defendant's proceeding is pending:
(A) travel to the defendant's location for a
confidential communication and food and lodging related to that
travel; and
(B) any costs associated with remotely entering
into a confidential communication with the defendant.
(d-1) Expenses under Subsection (d) incurred with prior
court approval shall be reimbursed in the same manner provided for
capital cases by Articles 26.052(f) and (g), and expenses under
Subsection (d) incurred without prior court approval shall be
reimbursed in the manner provided for capital cases by Article
26.052(h).
SECTION 8. Article 26.051, Code of Criminal Procedure, is
amended by amending Subsections (g), (h), and (i) and adding
Subsection (h-1) to read as follows:
(g) The court shall appoint the public defender's office or
an attorney other than an attorney provided by the board if the
court determines for any of the following reasons that a conflict of
interest could arise from the use of an attorney provided by the
board under Subsection (e) [of this article]:
(1) the case involves more than one inmate and the
representation of more than one inmate could impair the attorney's
effectiveness;
(2) the case is appealed and the court is satisfied
that conflict of interest would prevent the presentation of a good
faith allegation of ineffective assistance of counsel by a trial
attorney provided by the board; or
(3) any conflict of interest exists under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of
Texas that precludes representation by an attorney appointed by the
board.
(h) When the court appoints the public defender's office or
an attorney other than an attorney provided by the board:
(1) except as otherwise provided by this article, the
inmate's legal defense is subject to Articles 1.051, 26.04, 26.044,
26.05, and 26.052, as applicable; and
(2) the county in which a facility of the correctional
institutions division or a correctional facility authorized by
Section 495.001, Government Code, is located shall pay from its
general fund the total costs of the aggregate amount allowed and
awarded by the court for attorney compensation and expenses under
Article 26.05 or 26.052, as applicable.
(h-1) If the court appoints a public defender's office under
Subsection (g), the public defender's office shall certify to the
court the amount of expenses incurred in the representation. The
court shall submit the certified amount to the comptroller for
reimbursement of the county by the state as described by Subsection
(i).
(i) The state shall reimburse a county for attorney
compensation and expenses awarded under Subsection (h) and for any
expenses of a public defender's office that are certified under
Subsection (h-1). A court seeking reimbursement for a county shall
certify to the comptroller of public accounts the amount of
compensation and expenses for which the county is entitled to be
reimbursed under this article. Not later than the 60th day after
the date the comptroller receives from the court the request for
reimbursement, the comptroller shall issue a warrant to the county
in the certified amount [certified by the court].
SECTION 9. Chapter 61, Education Code, is amended by adding
Subchapter Y-1 to read as follows:
SUBCHAPTER Y-1. REPAYMENT OF CERTAIN EDUCATION LOANS: PUBLIC
DEFENSE ATTORNEY
Sec. 61.9611. APPLICABILITY. This subchapter applies only
to a county:
(1) with a population of 300,000 or less; or
(2) designated by the Texas Indigent Defense
Commission under Section 61.9620.
Sec. 61.9612. REPAYMENT ASSISTANCE AUTHORIZED. (a) The
board shall provide, using funds appropriated for that purpose and
in accordance with this subchapter and board rules, assistance in
the repayment of student loans for attorneys who apply and qualify
for the assistance.
(b) The provision of financial assistance in the repayment
of education loans under this subchapter promotes a public purpose.
Sec. 61.9613. ELIGIBILITY. To be eligible to receive
repayment assistance, an attorney licensed in this state must:
(1) apply to the board;
(2) at the time of application, be:
(A) currently employed as an attorney by a public
defender's office, office of child representation, office of parent
representation, or attorney for a managed assigned counsel program
that serves a county to which this subchapter applies; or
(B) an attorney providing appointed
representation to indigent defendants, juvenile respondents, or
indigent parents or children in proceedings brought by the
Department of Family and Protective Services:
(i) in one or more counties to which this
subchapter applies; and
(ii) where representation is, on average,
at least 30 hours per week of the attorney's practice time in the
most recent state fiscal year; and
(3) have completed one, two, three, or four
consecutive years of practice as described by Subdivision (2).
Sec. 61.9614. ELIGIBLE LOANS. (a) The board may provide
repayment assistance for the repayment of any loan received by the
attorney through any lender for education at an institution of
higher education, including a loan for undergraduate education.
(b) The board may not provide repayment assistance for an
education loan that is in default at the time of the attorney's
application.
(c) Each state fiscal biennium, the board shall attempt to
allocate all money appropriated to the board for the purpose of
providing repayment assistance under this subchapter.
Sec. 61.9615. REPAYMENT. The board shall deliver any
repayment made under this subchapter in a lump sum payable:
(1) to both the attorney and the lender or other holder
of the affected loan; or
(2) directly to the lender or other holder of the loan
on the attorney's behalf.
Sec. 61.9616. ADVISORY COMMITTEES. The board may appoint
advisory committees from outside the board's membership to assist
the board in performing its duties under this subchapter.
Sec. 61.9617. ACCEPTANCE OF FUNDS. The board may accept
gifts, grants, and donations for the purposes of this subchapter.
Sec. 61.9618. RULES. (a) The board shall adopt rules
necessary for the administration of this subchapter, including a
rule that sets the maximum amount of repayment assistance that an
attorney may receive in one year.
(b) The board shall distribute a copy of the rules adopted
under this section and pertinent information in this subchapter to:
(1) each school of law authorized by the board to award
a degree that satisfies the law study requirements for licensure as
an attorney in this state; and
(2) the Texas Indigent Defense Commission.
Sec. 61.9619. AMOUNT OF REPAYMENT ASSISTANCE. (a) An
attorney may receive repayment assistance under this subchapter in
the amount determined by board rule, not to exceed the following
amounts for each year for which the attorney establishes
eligibility for the assistance:
(1) for the first year, $30,000;
(2) for the second year, $40,000;
(3) for the third year, $50,000; and
(4) for the fourth year, $60,000.
(b) The total amount of repayment assistance distributed by
the board may not exceed the total amount of money appropriated to
the board and received by the board from gifts, grants, and
donations for the purposes of this subchapter.
(c) The total amount of repayment assistance made under this
subchapter to an individual attorney may not exceed $180,000.
Sec. 61.9620. DESIGNATION OF HIGH NEED COUNTY. The Texas
Indigent Defense Commission may designate a county in which the
need for public defenders exceeds the statewide average as a county
to which this subchapter applies.
SECTION 10. Section 79.037(a), Government Code, is 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;
(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;
(E) a nonprofit corporation that provides
indigent defense services, 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; and
(4) provide grants and awards through the Texas Public
Defense Internship and Fellowship Program described by Section
79.038.
SECTION 11. Subchapter C, Chapter 79, Government Code, is
amended by adding Section 79.038 to read as follows:
Sec. 79.038. TEXAS PUBLIC DEFENSE INTERNSHIP AND FELLOWSHIP
PROGRAM. (a) The commission shall establish the Texas Public
Defense Internship and Fellowship Program to provide grants to
entities described by Section 79.037 to provide, with the
assistance of students enrolled at and recent graduates of public
and private institutions of higher education in this state, legal
representation to indigent persons under:
(1) Article 26.04, Code of Criminal Procedure;
(2) Title 3, Family Code; and
(3) Title 5, Family Code.
(b) The program may make direct awards to students and
recent graduates described by Subsection (a) for purposes of
providing legal representation as described by that subsection.
SECTION 12. Section 411.082, Government Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Managed assigned counsel program" has the
meaning assigned by Article 26.047, Code of Criminal Procedure.
SECTION 13. Section 411.088(a-1), Government Code, is
amended to read as follows:
(a-1) The department may not charge a fee under Subsection
(a) for providing criminal history record information to:
(1) a criminal justice agency;
(2) the office of capital and forensic writs; [or]
(3) a public defender's office; or
(4) a managed assigned counsel program.
SECTION 14. Section 411.1272, Government Code, is amended
to read as follows:
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: OFFICE OF CAPITAL AND FORENSIC WRITS, [AND] PUBLIC
DEFENDER'S OFFICES, AND MANAGED ASSIGNED COUNSEL PROGRAMS. The
office of capital and forensic writs, [and] a public defender's
office, and a managed assigned counsel program are entitled to
obtain from the department criminal history record information
maintained by the department that relates to a criminal case in
which an attorney compensated by the office of capital and forensic
writs or by the public defender's office has been appointed by the
court or in which an attorney has been appointed by the managed
assigned counsel program, as applicable [has been appointed].
SECTION 15. Section 25.025(a), Tax Code, as amended by
Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
Session, 2023, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2A.001, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2A.001, Code of Criminal Procedure;
(3) a current or honorably retired county jailer as
defined by Section 1701.001, Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of sexual assault or abuse, stalking, or trafficking of
persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) a participant in the address confidentiality
program administered by the attorney general under Subchapter B,
Chapter 58, Code of Criminal Procedure, who provides proof of
certification under Article 58.059, Code of Criminal Procedure;
(9) a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, a state judge, or a
family member of a federal judge, a federal bankruptcy judge, a
marshal of the United States Marshals Service, or a state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) an officer or employee of a community supervision
and corrections department established under Chapter 76,
Government Code, who performs a duty described by Section 76.004(b)
of that code;
(13) a criminal investigator of the United States as
described by Article 2A.002(a), Code of Criminal Procedure;
(14) a current or honorably retired police officer or
inspector of the United States Federal Protective Service;
(15) a current or former United States attorney,
assistant United States attorney, federal public defender, deputy
federal public defender, or assistant federal public defender and
the spouse and child of the attorney or public defender;
(16) a current or former employee of the office of the
attorney general who is or was assigned to a division of that office
the duties of which involve law enforcement or are performed under
Chapter 231, Family Code;
(17) a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) a current or former member of the United States
armed forces who has served in an area that the president of the
United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code;
(22) a current or former employee of the Texas Civil
Commitment Office or the predecessor in function of the office or a
division of the office;
(23) a current or former employee of a federal judge or
state judge;
(24) a current or former child protective services
caseworker, adult protective services caseworker, or investigator
for the Department of Family and Protective Services or a current or
former employee of a department contractor performing child
protective services caseworker, adult protective services
caseworker, or investigator functions for the contractor on behalf
of the department;
(25) an elected public officer;
(26) a firefighter or volunteer firefighter or
emergency medical services personnel as defined by Section 773.003,
Health and Safety Code;
(27) a customs and border protection officer or border
patrol agent of United States Customs and Border Protection or the
spouse, surviving spouse, or adult child of a customs and border
protection officer or border patrol agent;
(28) [(27) a current or former attorney for the
Department of Family and Protective Services
[(27)] a current or former employee or contract staff
member of a university health care provider at a corrections
facility operated by the Texas Department of Criminal Justice or
the Texas Juvenile Justice Department; [and]
(29) [(28)] a current or former attorney for the
Department of Family and Protective Services;
(30) an employee of a public defender's office, as
defined by Article 26.044, Code of Criminal Procedure; and
(31) an employee of a managed assigned counsel
program, as defined by Article 26.047, Code of Criminal Procedure.
SECTION 16. Subchapter C, Chapter 183, Tax Code, is amended
by adding Section 183.055 to read as follows:
Sec. 183.055. ALLOCATION OF CERTAIN REVENUE TO FAIR DEFENSE
FUND. The comptroller shall deposit one percent of the taxes
received under Subchapters B and B-1 to the credit of the fair
defense account established under Section 79.031, Government Code.
Money deposited to the account under this section may be used only
for the purposes described by Section 79.031, Government Code.
SECTION 17. Section 730.007(c), Transportation Code, is
amended to read as follows:
(c) This section does not:
(1) prohibit the disclosure of a person's photographic
image to:
(A) a law enforcement agency, the Texas
Department of Motor Vehicles, a county tax assessor-collector, or a
criminal justice agency for an official purpose;
(B) an agency of this state investigating an
alleged violation of a state or federal law relating to the
obtaining, selling, or purchasing of a benefit authorized by
Chapter 31 or 33, Human Resources Code; [or]
(C) an agency of this state investigating an
alleged violation of a state or federal law under authority
provided by Title 4, Labor Code; or
(D) a private investigator licensed under
Chapter 1702, Occupations Code, who is employed by a public
defender's office for an official purpose; or
(2) prevent a court from compelling by subpoena the
production of a person's photographic image.
SECTION 18. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 19. Article 11.074, Code of Criminal Procedure, as
amended by this Act, applies regardless of whether the offense for
which the applicant is in custody was committed before, on, or after
the effective date of this Act.
SECTION 20. Article 15.17, Code of Criminal Procedure, as
amended by this Act, and Article 26.04(i-1), Code of Criminal
Procedure, as added by this Act, apply only to a person who is
arrested on or after the effective date of this Act. A person
arrested before the effective date of this Act is governed by the
law in effect on the date the person was arrested, and the former
law is continued in effect for that purpose.
SECTION 21. Article 26.05, Code of Criminal Procedure, as
amended by this Act, applies only to expenses incurred on or after
the effective date of this Act.
SECTION 22. The Texas Higher Education Coordinating Board
shall adopt the rules for the repayment assistance program under
Subchapter Y-1, Chapter 61, Education Code, as added by this Act,
not later than December 1, 2025.
SECTION 23. This Act takes effect September 1, 2025.