LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 16, 2025 TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2111 by Zaffirini (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.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB2111, Committee Report 1st House, Substituted: a negative impact of ($3,871,822) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2026($1,939,211)2027($1,932,611)2028($1,932,611)2029($1,932,611)2030($1,932,611)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20252026($1,939,211)1.02027($1,932,611)1.02028($1,932,611)1.02029($1,932,611)1.02030($1,932,611)1.0 Fiscal AnalysisThe bill would amend the Code of Criminal Procedure to require a court to appoint an attorney to represent an eligible indigent defendant to investigate a claim and file a write of habeas corpus under certain conditions.The bill would allow public defender offices to hire privately-employed criminal defense attorneys on a part-time basis for the sole purpose of representing indigent persons in their appearance before a magistrate for certain hearings. The bill would describe additional services that may be provided by managed assigned counsel programs (MACs) and would clarify their judicial functions and operations. The bill would require an attorney appointed to represent a defendant be compensated for certain expenses under certain conditions. The bill would allow a local public defender's office to certify to the court the amount of expenses incurred in representing a prison inmate. The court would then submit this to the Comptroller for reimbursement to the county.The bill would amend Government Code to create the Texas Public Defense Internship and Fellowship Program at the Texas Indigent Defense Commission to provide grants to assist students and recent graduates in providing appointed legal representation in criminal, juvenile delinquency, and family protection cases in underserved areas.The bill would provide free access to the Department of Public Safety's criminal history data to private attorneys appointed by MACs.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 16, 2025
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2111 by Zaffirini (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.), Committee Report 1st House, Substituted
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB2111 by Zaffirini (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.), Committee Report 1st House, Substituted
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB2111 by Zaffirini (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.), Committee Report 1st House, Substituted
SB2111 by Zaffirini (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.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB2111, Committee Report 1st House, Substituted: a negative impact of ($3,871,822) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for SB2111, Committee Report 1st House, Substituted: a negative impact of ($3,871,822) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
General Revenue-Related Funds, Five- Year Impact:
2026 ($1,939,211)
2027 ($1,932,611)
2028 ($1,932,611)
2029 ($1,932,611)
2030 ($1,932,611)
All Funds, Five-Year Impact:
2026 ($1,939,211) 1.0
2027 ($1,932,611) 1.0
2028 ($1,932,611) 1.0
2029 ($1,932,611) 1.0
2030 ($1,932,611) 1.0
Fiscal Analysis
The bill would amend the Code of Criminal Procedure to require a court to appoint an attorney to represent an eligible indigent defendant to investigate a claim and file a write of habeas corpus under certain conditions.The bill would allow public defender offices to hire privately-employed criminal defense attorneys on a part-time basis for the sole purpose of representing indigent persons in their appearance before a magistrate for certain hearings. The bill would describe additional services that may be provided by managed assigned counsel programs (MACs) and would clarify their judicial functions and operations. The bill would require an attorney appointed to represent a defendant be compensated for certain expenses under certain conditions. The bill would allow a local public defender's office to certify to the court the amount of expenses incurred in representing a prison inmate. The court would then submit this to the Comptroller for reimbursement to the county.The bill would amend Government Code to create the Texas Public Defense Internship and Fellowship Program at the Texas Indigent Defense Commission to provide grants to assist students and recent graduates in providing appointed legal representation in criminal, juvenile delinquency, and family protection cases in underserved areas.The bill would provide free access to the Department of Public Safety's criminal history data to private attorneys appointed by MACs.
The bill would allow public defender offices to hire privately-employed criminal defense attorneys on a part-time basis for the sole purpose of representing indigent persons in their appearance before a magistrate for certain hearings.
The bill would describe additional services that may be provided by managed assigned counsel programs (MACs) and would clarify their judicial functions and operations.
The bill would require an attorney appointed to represent a defendant be compensated for certain expenses under certain conditions.
The bill would allow a local public defender's office to certify to the court the amount of expenses incurred in representing a prison inmate. The court would then submit this to the Comptroller for reimbursement to the county.
The bill would amend Government Code to create the Texas Public Defense Internship and Fellowship Program at the Texas Indigent Defense Commission to provide grants to assist students and recent graduates in providing appointed legal representation in criminal, juvenile delinquency, and family protection cases in underserved areas.
The bill would provide free access to the Department of Public Safety's criminal history data to private attorneys appointed by MACs.
Methodology
Based on information provided by the Office of Court Administration, this analysis assumes the agency would require $1,939,211 in General Revenue Funds in fiscal year 2026 and $1,932,611 in fiscal year 2027 to implement the fellowship and internship program authorized by the bill. This includes $3,660,000 for the biennium to provide grants to eligible students and recent graduates, $154,008 for 1.0 FTE position to administer the program, $11,735 in other operating costs, and $46,079 in benefit and payroll contributions.
Based on information provided by the Office of Court Administration, this analysis assumes the agency would require $1,939,211 in General Revenue Funds in fiscal year 2026 and $1,932,611 in fiscal year 2027 to implement the fellowship and internship program authorized by the bill. This includes $3,660,000 for the biennium to provide grants to eligible students and recent graduates, $154,008 for 1.0 FTE position to administer the program, $11,735 in other operating costs, and $46,079 in benefit and payroll contributions.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 781 Higher Education Coordinating Board
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 781 Higher Education Coordinating Board
LBB Staff: b > td > JMc, MGol, DA, NTh, NV
JMc, MGol, DA, NTh, NV