Texas 2025 - 89th Regular

Texas Senate Bill SB2111 Compare Versions

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	1	+	89R8023 EAS-D
1	2		By: Zaffirini S.B. No. 2111
2		-	(In the Senate - Filed March 10, 2025; March 24, 2025, read
3		-	first time and referred to Committee on Criminal Justice;
4		-	April 16, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2111 By: Flores
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13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to legal representation of indigent persons in this state
16	10		and to proceedings before a magistrate including the appointment of
17	11		counsel for an indigent defendant.
18	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19	13		SECTION 1. Article 11.074, Code of Criminal Procedure, is
20	14		amended by amending Subsection (b) and adding Subsection (b-1) to
21	15		read as follows:
22	16		(b) If at any time the state represents to the convicting
23	17		court that an eligible indigent defendant under Article 1.051 has
24	18		under a writ of habeas corpus a potentially meritorious claim for
25	19		relief from a judgment described by Subsection (a) [who was
26	20		sentenced or had a sentence suspended is not guilty, is guilty of
27	21		only a lesser offense, or was convicted or sentenced under a law
28	22		that has been found unconstitutional by the court of criminal
29	23		appeals or the United States Supreme Court], the court shall
30	24		appoint an attorney to investigate the claim and represent the
31	25		indigent defendant for purposes of filing an application for a writ
32	26		of habeas corpus, if an application has not been filed, or to
33	27		otherwise represent the indigent defendant in a proceeding based on
34	28		the application for the writ.
35	29		(b-1) For purposes of Subsection (b), a potentially
36	30		meritorious claim is any claim the court determines is likely to
37	31		provide relief, including a claim that the defendant:
38	32		(1) is or may be actually innocent of the offense;
39	33		(2) is or may be guilty of only a lesser offense;
40	34		(3) was or may have been convicted or sentenced under a
41	35		law that has been found unconstitutional by the court of criminal
42	36		appeals or the United States Supreme Court; or
43	37		(4) was or may have been convicted or sentenced in
44	38		violation of the constitution of this state or the United States.
45	39		SECTION 2. Articles 15.17(a) and (f), Code of Criminal
46	40		Procedure, are amended to read as follows:
47	41		(a) (1) In each case enumerated in this Code, the person
48	42		making the arrest or the person having custody of the person
49	43		arrested shall without unnecessary delay, but not later than 48
50	44		hours after the person is arrested, take the person arrested or have
51	45		the person [him] taken before some magistrate of the county where
52	46		the person [accused] was arrested or, to provide more expeditiously
53	47		to the person arrested the warnings described by this article,
54	48		before a magistrate in any other county of this state. The arrested
55	49		person may be taken before the magistrate in person or the image and
56	50		sound of the arrested person may be presented to the magistrate by
57	51		means of a videoconference. For purposes of this subsection,
58	52		"videoconference" means a two-way electronic communication of
59	53		image and sound between the arrested person and the magistrate and
60	54		includes secure Internet videoconferencing.
61	55		(2) The magistrate shall inform in clear language the
62	56		person arrested, either in person or through a videoconference, of:
63	57		(A) the accusation against the person [him] and
64	58		of any affidavit filed with the accusation;
65	59		(B) the person's [therewith, of his] right to
66	60		retain counsel;
67	61		(C) the person's [, of his] right to remain
68	62		silent and to not make a statement;
69	63		(D) the fact that any statement the person makes
70	64		may be used against the person;
71	65		(E) the person's [, of his] right to have an
72	66		attorney present during any interview with peace officers or
73	67		attorneys representing the state;
74	68		(F) the person's [, of his] right to terminate
75	69		the interview at any time;
76	70		(G) the person's [, and of his] right to have an
77	71		examining trial;
78	72		(H) [. The magistrate shall also inform the
79	73		person arrested of] the person's right to request the appointment
80	74		of counsel if the person cannot afford counsel; and
81	75		(I) [. The magistrate shall inform the person
82	76		arrested of] the procedures for requesting appointment of counsel.
83	77		(3) If applicable, the magistrate shall inform the
84	78		person that the person may file the affidavit described by Article
85	79		17.028(f).
86	80		(4) If the person does not speak and understand the
87	81		English language or is deaf, the magistrate shall inform the person
88	82		in a manner consistent with Articles 38.30 and 38.31, as
89	83		appropriate.
90	84		(5) If the proceeding is conducted through a
91	85		videoconference, the magistrate shall ensure that the arrested
92	86		person is able to connect to and understand the image and sound of
93	87		the videoconference.
94	88		(6) If the magistrate has reasonable cause to believe
95	89		that the arrested person has a mental illness or is a person with an
96	90		intellectual disability, the magistrate shall follow the
97	91		procedures under Article 16.22.
98	92		(7) If the magistrate is unable to ensure that the
99	93		arrested person is able to understand and participate in the
100	94		proceeding, the magistrate shall:
101	95		(A) if the magistrate has appointing authority,
102	96		appoint counsel for the person; or
103	97		(B) if the magistrate does not have appointing
104	98		authority, notify the appointing authority of the person's
105	99		inability to understand and participate in the proceeding.
106	100		(8) The magistrate shall ensure that reasonable
107	101		assistance in completing the necessary forms for requesting
108	102		appointment of counsel is provided to the arrested person at the
109	103		same time the person is informed of the person's rights under this
110	104		subsection.
111	105		(9) If the [person] arrested person is indigent and
112	106		requests appointment of counsel and if the magistrate is authorized
113	107		under Article 26.04 to appoint counsel for indigent defendants in
114	108		the county, the magistrate shall appoint counsel in accordance with
115	109		Article 1.051. If the magistrate is not authorized to appoint
116	110		counsel, the magistrate shall without unnecessary delay, but not
117	111		later than 24 hours after the [person] arrested person requests
118	112		appointment of counsel, transmit, or cause to be transmitted to the
119	113		court or to the courts' designee authorized under Article 26.04 to
120	114		appoint counsel in the county, the necessary forms for requesting
121	115		and ruling on the appointment of counsel. [The magistrate shall
122	116		also inform the person arrested that he is not required to make a
123	117		statement and that any statement made by him may be used against
124	118		him.]
125	119		(10) The magistrate shall allow the [person] arrested
126	120		person reasonable time and opportunity to consult counsel and
127	121		shall, after determining whether the person is currently on bail
128	122		for a separate criminal offense and whether the bail decision is
129	123		subject to Article 17.027, admit the person [arrested] to bail if
130	124		allowed by law.
131	125		(11) A record of the communication between the
132	126		arrested person and the magistrate shall be made. [The record shall
133	127		be preserved until the earlier of the following dates:
134	128		[(1) the date on which the pretrial hearing ends; or
135	129		[(2) the 91st day after the date on which the record is
136	130		made if the person is charged with a misdemeanor or the 120th day
137	131		after the date on which the record is made if the person is charged
138	132		with a felony. For purposes of this subsection, "videoconference"
139	133		means a two-way electronic communication of image and sound between
140	134		the arrested person and the magistrate and includes secure Internet
141	135		videoconferencing.]
142	136		(f) A record required under Subsection (a) or (e) may
143	137		consist of written forms, electronic recordings, or other
144	138		documentation as authorized by procedures adopted in the county
145	139		under Article 26.04(a). The record must be retained for at least
146	140		two years after final judgment is entered in the case or the
147	141		proceedings are otherwise terminated. The counsel for the defendant
148	142		may obtain a copy of the record on payment of a reasonable amount to
149	143		cover the costs of reproduction or, if the defendant is indigent,
150	144		the court shall provide a copy to the defendant without charging a
151	145		cost for the copy.
152	146		SECTION 3. Article 26.04, Code of Criminal Procedure, is
153	147		amended by adding Subsection (i-1) to read as follows:
154	148		(i-1) Notwithstanding Subsection (j)(2) or any other law,
155	149		and if funds are appropriated by a county for this purpose, an
156	150		attorney may be appointed under this article to represent an
157	151		indigent person for the sole purpose of providing counsel in
158	152		relation to that person's appearance before a magistrate as
159	153		required by Article 14.06(a), 15.17(a), or 15.18(a). The attorney
160	154		may represent the person in subsequent proceedings of that case,
161	155		only if appointed for that purpose under the other provisions of
162	156		this article.
163	157		SECTION 4. Article 26.044, Code of Criminal Procedure, is
164	158		amended by adding Subsection (i-1) and amending Subsection (l) to
165	159		read as follows:
166	160		(i-1) Notwithstanding Subsection (i)(1), an attorney
167	161		engaged in the private practice of criminal law may be employed by a
168	162		public defender's office on a part-time basis for the sole purpose
169	163		of providing counsel in relation to an indigent person's appearance
170	164		before a magistrate as required by Article 14.06(a), 15.17(a), or
171	165		15.18(a).
172	166		(l) A public defender's office may investigate the
173	167		financial condition of any person the public defender's office is
174	168		appointed to represent. [The public defender's office shall report
175	169		the results of the investigation to the appointing judge. The judge
176	170		may hold a hearing to determine if the person is indigent and
177	171		entitled to representation under this article.]
178	172		SECTION 5. Article 26.047(a)(2), Code of Criminal
179	173		Procedure, is amended to read as follows:
180	174		(2) "Managed assigned counsel program" or "program"
181	175		means a program to perform delegated judicial functions using
182	176		public funds that is operated [with public funds]:
183	177		(A) by a governmental entity, nonprofit
184	178		corporation, or bar association under a written agreement with a
185	179		governmental entity, other than an individual judge or court; [and]
186	180		(B) for the purpose of appointing counsel under
187	181		Article 26.04 of this code or Section 51.10, Family Code;
188	182		(C) for the purpose of appointing or providing an
189	183		investigator, expert, or other support services for appointed
190	184		counsel and their clients;
191	185		(D) for the purpose of approving a payment to an
192	186		attorney, investigator, or expert, and for other reasonable and
193	187		necessary expenses under Article 26.05 or 26.052, including a
194	188		payment for legal representation in a related matter for the
195	189		purpose of ensuring the right to counsel in the primary matter; and
196	190		(E) for the purpose of overseeing and improving
197	191		the quality of representation provided to clients by attorneys
198	192		appointed under this article.
199	193		SECTION 6. Article 26.047, Code of Criminal Procedure, is
200	194		amended by amending Subsections (c), (f), and (g) and adding
201	195		Subsection (j) to read as follows:
202	196		(c) The commissioners court or commissioners courts shall
203	197		require a written plan of operation from an entity operating a
204	198		program under this article. The plan of operation must include:
205	199		(1) a budget for the program, including salaries;
206	200		(2) a description of each personnel position,
207	201		including the program's director;
208	202		(3) the maximum allowable caseload for each attorney
209	203		appointed by the program;
210	204		(4) provisions for training personnel of the program
211	205		and attorneys appointed under the program;
212	206		(5) a description of anticipated overhead costs for
213	207		the program;
214	208		(6) a policy regarding licensed investigators and
215	209		expert witnesses used by attorneys appointed under the program;
216	210		(7) a policy to ensure that appointments are
217	211		reasonably and impartially allocated among qualified attorneys;
218	212		[and]
219	213		(8) a policy to ensure that an attorney appointed
220	214		under the program does not accept appointment in a case that
221	215		involves a conflict of interest for the attorney that has not been
222	216		waived by all affected clients;
223	217		(9) a policy describing the circumstances under which
224	218		the program may allow appointed counsel to provide representation
225	219		in a related matter for the purpose of ensuring the right to counsel
226	220		in the primary matter;
227	221		(10) a policy describing the circumstances under
228	222		which:
229	223		(A) an attorney may withdraw from a case; and
230	224		(B) good cause is established to remove an
231	225		attorney from a case; and
232	226		(11) procedures the program will use to maintain the
233	227		confidentiality of data related to clients whose information is
234	228		held in the juvenile justice system, including which staff may
235	229		access that data.
236	230		(f) The program's public appointment list from which an
237	231		attorney is appointed must contain the names of qualified
238	232		attorneys, each of whom:
239	233		(1) applies to be included on the list;
240	234		(2) meets any applicable requirements specified by the
241	235		procedure for appointing counsel adopted under Article 26.04(a) and
242	236		any other requirements specified by the Texas Indigent Defense
243	237		Commission; and
244	238		(3) is approved by the program director or review
245	239		committee, as applicable.
246	240		(g) A court may replace an attorney appointed by the program
247	241		for the same reasons and in the same manner described by Article
248	242		26.04(k). The notice and reason for the replacement of counsel must
249	243		be documented in the same manner as the original appointment.
250	244		(j) A program may receive information necessary to perform
251	245		the program's functions under this article, including materials
252	246		that are subject to attorney-client privilege, subject to attorney
253	247		work-product privilege, or otherwise protected by constitutional
254	248		or statutory rights of a client represented by an attorney
255	249		appointed under this article. Information and materials described
256	250		by this subsection and information and materials related to a
257	251		purpose described by Subsection (a)(2)(C) are confidential and not
258	252		subject to disclosure, and the program, the attorneys appointed
259	253		under this article, and other individuals, as applicable, shall
260	254		maintain the confidentiality of any information or materials
261	255		described by this subsection.
262	256		SECTION 7. Article 26.05, Code of Criminal Procedure, is
263	257		amended by amending Subsections (a), (c), and (d) and adding
264	258		Subsection (d-1) to read as follows:
265	259		(a) A counsel, other than an attorney with a public
266	260		defender's office or an attorney employed by the office of capital
267	261		and forensic writs, appointed to represent a defendant in a
268	262		criminal proceeding, including a habeas corpus hearing, shall be
269	263		paid a reasonable attorney's fee for performing the following
270	264		services, based on the time and labor required, the complexity of
271	265		the case, and the experience and ability of the appointed counsel:
272	266		(1) time spent in court making an appearance on behalf
273	267		of the defendant as evidenced by a docket entry, time spent in
274	268		trial, and time spent in a proceeding in which sworn oral testimony
275	269		is elicited;
276	270		(2) reasonable and necessary time spent out of court
277	271		on the case, including time spent traveling to perform legal
278	272		services outside the county where the case is pending, supported by
279	273		any documentation that the court requires;
280	274		(3) preparation of an appellate brief and preparation
281	275		and presentation of oral argument to a court of appeals or the Court
282	276		of Criminal Appeals; and
283	277		(4) preparation of a motion for rehearing.
284	278		(c) Each fee schedule adopted shall state reasonable fixed
285	279		rates or minimum and maximum hourly rates, taking into
286	280		consideration reasonable and necessary overhead costs and the
287	281		availability of qualified attorneys willing to accept the stated
288	282		rates, and shall provide a form for the appointed counsel to itemize
289	283		the types of services performed. No payment shall be made under
290	284		this article until the form for itemizing the services performed is
291	285		submitted to the judge presiding over the proceedings or, if the
292	286		county operates a managed assigned counsel program under Article
293	287		26.047, to the director of the program or the director's designee,
294	288		and until the judge or the director or director's designee, as
295	289		applicable, approves the payment. If the judge or the director or
296	290		director's designee disapproves the requested amount of payment,
297	291		the judge or the director or director's designee shall make written
298	292		findings stating the amount of payment that the judge or the
299	293		director or director's designee approves and each reason for
300	294		approving an amount different from the requested amount. An
301	295		attorney whose request for payment is disapproved or is not
302	296		otherwise acted on by the 60th day after the date the request for
303	297		payment is submitted may appeal the disapproval or failure to act by
304	298		filing a motion with the presiding judge of the administrative
305	299		judicial region. On the filing of a motion, the presiding judge of
306	300		the administrative judicial region shall review the disapproval of
307	301		payment or failure to act and determine the appropriate amount of
308	302		payment. In reviewing the disapproval or failure to act, the
309	303		presiding judge of the administrative judicial region may conduct a
310	304		hearing. Not later than the 45th day after the date an application
311	305		for payment of a fee is submitted under this article, the
312	306		commissioners court shall pay to the appointed counsel the amount
313	307		that is approved by the presiding judge of the administrative
314	308		judicial region and that is in accordance with the fee schedule for
315	309		that county.
316	310		(d) A counsel in a noncapital case, other than an attorney
317	311		with a public defender's office, appointed to represent a defendant
318	312		under this code shall be reimbursed for reasonable and necessary
319	313		expenses, including expenses for:
320	314		(1) investigation;
321	315		(2) [and for] mental health and other experts; and
322	316		(3) if the defendant is confined in a correctional
323	317		facility located more than 50 miles from the court in which the
324	318		defendant's proceeding is pending:
325	319		(A) travel to the defendant's location for a
326	320		confidential communication and food and lodging related to that
327	321		travel; and
328	322		(B) any costs associated with remotely entering
329	323		into a confidential communication with the defendant.
330	324		(d-1) Expenses under Subsection (d) incurred with prior
331	325		court approval shall be reimbursed in the same manner provided for
332	326		capital cases by Articles 26.052(f) and (g), and expenses under
333	327		Subsection (d) incurred without prior court approval shall be
334	328		reimbursed in the manner provided for capital cases by Article
335	329		26.052(h).
336	330		SECTION 8. Article 26.051, Code of Criminal Procedure, is
337	331		amended by amending Subsections (g), (h), and (i) and adding
338	332		Subsection (h-1) to read as follows:
339	333		(g) The court shall appoint the public defender's office or
340	334		an attorney other than an attorney provided by the board if the
341	335		court determines for any of the following reasons that a conflict of
342	336		interest could arise from the use of an attorney provided by the
343	337		board under Subsection (e) [of this article]:
344	338		(1) the case involves more than one inmate and the
345	339		representation of more than one inmate could impair the attorney's
346	340		effectiveness;
347	341		(2) the case is appealed and the court is satisfied
348	342		that conflict of interest would prevent the presentation of a good
349	343		faith allegation of ineffective assistance of counsel by a trial
350	344		attorney provided by the board; or
351	345		(3) any conflict of interest exists under the Texas
352	346		Disciplinary Rules of Professional Conduct of the State Bar of
353	347		Texas that precludes representation by an attorney appointed by the
354	348		board.
355	349		(h) When the court appoints the public defender's office or
356	350		an attorney other than an attorney provided by the board:
357	351		(1) except as otherwise provided by this article, the
358	352		inmate's legal defense is subject to Articles 1.051, 26.04, 26.044,
359	353		26.05, and 26.052, as applicable; and
360	354		(2) the county in which a facility of the correctional
361	355		institutions division or a correctional facility authorized by
362	356		Section 495.001, Government Code, is located shall pay from its
363	357		general fund the total costs of the aggregate amount allowed and
364	358		awarded by the court for attorney compensation and expenses under
365	359		Article 26.05 or 26.052, as applicable.
366	360		(h-1) If the court appoints a public defender's office under
367	361		Subsection (g), the public defender's office shall certify to the
368	362		court the amount of expenses incurred in the representation. The
369	363		court shall submit the certified amount to the comptroller for
370	364		reimbursement of the county by the state as described by Subsection
371	365		(i).
372	366		(i) The state shall reimburse a county for attorney
373	367		compensation and expenses awarded under Subsection (h) and for any
374	368		expenses of a public defender's office that are certified under
375	369		Subsection (h-1). A court seeking reimbursement for a county shall
376	370		certify to the comptroller of public accounts the amount of
377	371		compensation and expenses for which the county is entitled to be
378	372		reimbursed under this article. Not later than the 60th day after
379	373		the date the comptroller receives from the court the request for
380	374		reimbursement, the comptroller shall issue a warrant to the county
381	375		in the certified amount [certified by the court].
382		-	SECTION 9. Section 79.037(a), Government Code, is amended
	376	+	SECTION 9. Chapter 61, Education Code, is amended by adding
	377	+	Subchapter Y-1 to read as follows:
	378	+	SUBCHAPTER Y-1. REPAYMENT OF CERTAIN EDUCATION LOANS: PUBLIC
	379	+	DEFENSE ATTORNEY
	380	+	Sec. 61.9611. APPLICABILITY. This subchapter applies only
	381	+	to a county:
	382	+	(1) with a population of 300,000 or less; or
	383	+	(2) designated by the Texas Indigent Defense
	384	+	Commission under Section 61.9620.
	385	+	Sec. 61.9612. REPAYMENT ASSISTANCE AUTHORIZED. (a) The
	386	+	board shall provide, using funds appropriated for that purpose and
	387	+	in accordance with this subchapter and board rules, assistance in
	388	+	the repayment of student loans for attorneys who apply and qualify
	389	+	for the assistance.
	390	+	(b) The provision of financial assistance in the repayment
	391	+	of education loans under this subchapter promotes a public purpose.
	392	+	Sec. 61.9613. ELIGIBILITY. To be eligible to receive
	393	+	repayment assistance, an attorney licensed in this state must:
	394	+	(1) apply to the board;
	395	+	(2) at the time of application, be:
	396	+	(A) currently employed as an attorney by a public
	397	+	defender's office, office of child representation, office of parent
	398	+	representation, or attorney for a managed assigned counsel program
	399	+	that serves a county to which this subchapter applies; or
	400	+	(B) an attorney providing appointed
	401	+	representation to indigent defendants, juvenile respondents, or
	402	+	indigent parents or children in proceedings brought by the
	403	+	Department of Family and Protective Services:
	404	+	(i) in one or more counties to which this
	405	+	subchapter applies; and
	406	+	(ii) where representation is, on average,
	407	+	at least 30 hours per week of the attorney's practice time in the
	408	+	most recent state fiscal year; and
	409	+	(3) have completed one, two, three, or four
	410	+	consecutive years of practice as described by Subdivision (2).
	411	+	Sec. 61.9614. ELIGIBLE LOANS. (a) The board may provide
	412	+	repayment assistance for the repayment of any loan received by the
	413	+	attorney through any lender for education at an institution of
	414	+	higher education, including a loan for undergraduate education.
	415	+	(b) The board may not provide repayment assistance for an
	416	+	education loan that is in default at the time of the attorney's
	417	+	application.
	418	+	(c) Each state fiscal biennium, the board shall attempt to
	419	+	allocate all money appropriated to the board for the purpose of
	420	+	providing repayment assistance under this subchapter.
	421	+	Sec. 61.9615. REPAYMENT. The board shall deliver any
	422	+	repayment made under this subchapter in a lump sum payable:
	423	+	(1) to both the attorney and the lender or other holder
	424	+	of the affected loan; or
	425	+	(2) directly to the lender or other holder of the loan
	426	+	on the attorney's behalf.
	427	+	Sec. 61.9616. ADVISORY COMMITTEES. The board may appoint
	428	+	advisory committees from outside the board's membership to assist
	429	+	the board in performing its duties under this subchapter.
	430	+	Sec. 61.9617. ACCEPTANCE OF FUNDS. The board may accept
	431	+	gifts, grants, and donations for the purposes of this subchapter.
	432	+	Sec. 61.9618. RULES. (a) The board shall adopt rules
	433	+	necessary for the administration of this subchapter, including a
	434	+	rule that sets the maximum amount of repayment assistance that an
	435	+	attorney may receive in one year.
	436	+	(b) The board shall distribute a copy of the rules adopted
	437	+	under this section and pertinent information in this subchapter to:
	438	+	(1) each school of law authorized by the board to award
	439	+	a degree that satisfies the law study requirements for licensure as
	440	+	an attorney in this state; and
	441	+	(2) the Texas Indigent Defense Commission.
	442	+	Sec. 61.9619. AMOUNT OF REPAYMENT ASSISTANCE. (a) An
	443	+	attorney may receive repayment assistance under this subchapter in
	444	+	the amount determined by board rule, not to exceed the following
	445	+	amounts for each year for which the attorney establishes
	446	+	eligibility for the assistance:
	447	+	(1) for the first year, $30,000;
	448	+	(2) for the second year, $40,000;
	449	+	(3) for the third year, $50,000; and
	450	+	(4) for the fourth year, $60,000.
	451	+	(b) The total amount of repayment assistance distributed by
	452	+	the board may not exceed the total amount of money appropriated to
	453	+	the board and received by the board from gifts, grants, and
	454	+	donations for the purposes of this subchapter.
	455	+	(c) The total amount of repayment assistance made under this
	456	+	subchapter to an individual attorney may not exceed $180,000.
	457	+	Sec. 61.9620. DESIGNATION OF HIGH NEED COUNTY. The Texas
	458	+	Indigent Defense Commission may designate a county in which the
	459	+	need for public defenders exceeds the statewide average as a county
	460	+	to which this subchapter applies.
	461	+	SECTION 10. Section 79.037(a), Government Code, is amended
383	462		to read as follows:
384	463		(a) The commission shall:
385	464		(1) provide technical support to:
386	465		(A) assist counties in improving their systems
387	466		for providing indigent defense services, including indigent
388	467		defense support services;
389	468		(B) assist counties in improving their systems
390	469		for providing family protection services; and
391	470		(C) promote compliance by counties with the
392	471		requirements of state law relating to indigent defense and family
393	472		protection services;
394	473		(2) to assist a county in providing or improving the
395	474		provision of indigent defense services and family protection
396	475		services in the county, distribute in the form of grants any funds
397	476		appropriated for the purposes of this section to one or more of the
398	477		following entities:
399	478		(A) the county;
400	479		(B) a law school's legal clinic or program that
401	480		provides indigent defense services in the county;
402	481		(C) a regional public defender that meets the
403	482		requirements of Subsection (e) and provides indigent defense
404	483		services in the county;
405	484		(D) an entity described by Section 791.013 that
406	485		provides to a county administrative services under an interlocal
407	486		contract entered into for the purpose of providing or improving the
408	487		provision of indigent defense services or family protection
409	488		services in the county;
410	489		(E) a nonprofit corporation that provides
411	490		indigent defense services, indigent defense support services, or
412	491		family protection services in the county; and
413	492		(F) an office of child representation or office
414	493		of parent representation created under Subchapter G, Chapter 107,
415	494		Family Code; [and]
416	495		(3) monitor each entity that receives a grant under
417	496		Subdivision (2) and enforce compliance with the conditions of the
418	497		grant, including enforcement by:
419	498		(A) withdrawing grant funds; or
420	499		(B) requiring reimbursement of grant funds by the
421	500		entity; and
422	501		(4) provide grants and awards through the Texas Public
423	502		Defense Internship and Fellowship Program described by Section
424	503		79.038.
425		-	SECTION 10. Subchapter C, Chapter 79, Government Code, is
	504	+	SECTION 11. Subchapter C, Chapter 79, Government Code, is
426	505		amended by adding Section 79.038 to read as follows:
427	506		Sec. 79.038. TEXAS PUBLIC DEFENSE INTERNSHIP AND FELLOWSHIP
428	507		PROGRAM. (a) The commission shall establish the Texas Public
429	508		Defense Internship and Fellowship Program to provide grants to
430	509		entities described by Section 79.037 to provide, with the
431	510		assistance of students enrolled at and recent graduates of public
432	511		and private institutions of higher education in this state, legal
433	512		representation to indigent persons under:
434	513		(1) Article 26.04, Code of Criminal Procedure;
435	514		(2) Title 3, Family Code; and
436	515		(3) Title 5, Family Code.
437	516		(b) The program may make direct awards to students and
438	517		recent graduates described by Subsection (a) for purposes of
439	518		providing legal representation as described by that subsection.
440		-	SECTION 11. Section 411.082, Government Code, is amended by
	519	+	SECTION 12. Section 411.082, Government Code, is amended by
441	520		adding Subdivision (4-a) to read as follows:
442	521		(4-a) "Managed assigned counsel program" has the
443	522		meaning assigned by Article 26.047, Code of Criminal Procedure.
444		-	SECTION 12. Section 411.088(a-1), Government Code, is
	523	+	SECTION 13. Section 411.088(a-1), Government Code, is
445	524		amended to read as follows:
446	525		(a-1) The department may not charge a fee under Subsection
447	526		(a) for providing criminal history record information to:
448	527		(1) a criminal justice agency;
449	528		(2) the office of capital and forensic writs; [or]
450	529		(3) a public defender's office; or
451	530		(4) a managed assigned counsel program.
452		-	SECTION 13. Section 411.1272, Government Code, is amended
	531	+	SECTION 14. Section 411.1272, Government Code, is amended
453	532		to read as follows:
454	533		Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD
455	534		INFORMATION: OFFICE OF CAPITAL AND FORENSIC WRITS, [AND] PUBLIC
456	535		DEFENDER'S OFFICES, AND MANAGED ASSIGNED COUNSEL PROGRAMS. The
457	536		office of capital and forensic writs, [and] a public defender's
458	537		office, and a managed assigned counsel program are entitled to
459	538		obtain from the department criminal history record information
460	539		maintained by the department that relates to a criminal case in
461	540		which an attorney compensated by the office of capital and forensic
462	541		writs or by the public defender's office has been appointed by the
463	542		court or in which an attorney has been appointed by the managed
464	543		assigned counsel program, as applicable [has been appointed].
465		-	SECTION 14. Section 25.025(a), Tax Code, as amended by
	544	+	SECTION 15. Section 25.025(a), Tax Code, as amended by
466	545		Chapters 76 (S.B. 617), 152 (S.B. 870), 430 (H.B. 1911), 765 (H.B.
467	546		4504), and 937 (S.B. 1525), Acts of the 88th Legislature, Regular
468	547		Session, 2023, is reenacted and amended to read as follows:
469	548		(a) This section applies only to:
470	549		(1) a current or former peace officer as defined by
471	550		Article 2A.001, Code of Criminal Procedure, and the spouse or
472	551		surviving spouse of the peace officer;
473	552		(2) the adult child of a current peace officer as
474	553		defined by Article 2A.001, Code of Criminal Procedure;
475	554		(3) a current or honorably retired county jailer as
476	555		defined by Section 1701.001, Occupations Code;
477	556		(4) an employee of the Texas Department of Criminal
478	557		Justice;
479	558		(5) a commissioned security officer as defined by
480	559		Section 1702.002, Occupations Code;
481	560		(6) an individual who shows that the individual, the
482	561		individual's child, or another person in the individual's household
483	562		is a victim of family violence as defined by Section 71.004, Family
484	563		Code, by providing:
485	564		(A) a copy of a protective order issued under
486	565		Chapter 85, Family Code, or a magistrate's order for emergency
487	566		protection issued under Article 17.292, Code of Criminal Procedure;
488	567		or
489	568		(B) other independent documentary evidence
490	569		necessary to show that the individual, the individual's child, or
491	570		another person in the individual's household is a victim of family
492	571		violence;
493	572		(7) an individual who shows that the individual, the
494	573		individual's child, or another person in the individual's household
495	574		is a victim of sexual assault or abuse, stalking, or trafficking of
496	575		persons by providing:
497	576		(A) a copy of a protective order issued under
498	577		Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
499	578		magistrate's order for emergency protection issued under Article
500	579		17.292, Code of Criminal Procedure; or
501	580		(B) other independent documentary evidence
502	581		necessary to show that the individual, the individual's child, or
503	582		another person in the individual's household is a victim of sexual
504	583		assault or abuse, stalking, or trafficking of persons;
505	584		(8) a participant in the address confidentiality
506	585		program administered by the attorney general under Subchapter B,
507	586		Chapter 58, Code of Criminal Procedure, who provides proof of
508	587		certification under Article 58.059, Code of Criminal Procedure;
509	588		(9) a federal judge, a federal bankruptcy judge, a
510	589		marshal of the United States Marshals Service, a state judge, or a
511	590		family member of a federal judge, a federal bankruptcy judge, a
512	591		marshal of the United States Marshals Service, or a state judge;
513	592		(10) a current or former district attorney, criminal
514	593		district attorney, or county or municipal attorney whose
515	594		jurisdiction includes any criminal law or child protective services
516	595		matters;
517	596		(11) a current or former employee of a district
518	597		attorney, criminal district attorney, or county or municipal
519	598		attorney whose jurisdiction includes any criminal law or child
520	599		protective services matters;
521	600		(12) an officer or employee of a community supervision
522	601		and corrections department established under Chapter 76,
523	602		Government Code, who performs a duty described by Section 76.004(b)
524	603		of that code;
525	604		(13) a criminal investigator of the United States as
526	605		described by Article 2A.002(a), Code of Criminal Procedure;
527	606		(14) a current or honorably retired police officer or
528	607		inspector of the United States Federal Protective Service;
529	608		(15) a current or former United States attorney,
530	609		assistant United States attorney, federal public defender, deputy
531	610		federal public defender, or assistant federal public defender and
532	611		the spouse and child of the attorney or public defender;
533	612		(16) a current or former employee of the office of the
534	613		attorney general who is or was assigned to a division of that office
535	614		the duties of which involve law enforcement or are performed under
536	615		Chapter 231, Family Code;
537	616		(17) a medical examiner or person who performs
538	617		forensic analysis or testing who is employed by this state or one or
539	618		more political subdivisions of this state;
540	619		(18) a current or former member of the United States
541	620		armed forces who has served in an area that the president of the
542	621		United States by executive order designates for purposes of 26
543	622		U.S.C. Section 112 as an area in which armed forces of the United
544	623		States are or have engaged in combat;
545	624		(19) a current or former employee of the Texas
546	625		Juvenile Justice Department or of the predecessors in function of
547	626		the department;
548	627		(20) a current or former juvenile probation or
549	628		supervision officer certified by the Texas Juvenile Justice
550	629		Department, or the predecessors in function of the department,
551	630		under Title 12, Human Resources Code;
552	631		(21) a current or former employee of a juvenile
553	632		justice program or facility, as those terms are defined by Section
554	633		261.405, Family Code;
555	634		(22) a current or former employee of the Texas Civil
556	635		Commitment Office or the predecessor in function of the office or a
557	636		division of the office;
558	637		(23) a current or former employee of a federal judge or
559	638		state judge;
560	639		(24) a current or former child protective services
561	640		caseworker, adult protective services caseworker, or investigator
562	641		for the Department of Family and Protective Services or a current or
563	642		former employee of a department contractor performing child
564	643		protective services caseworker, adult protective services
565	644		caseworker, or investigator functions for the contractor on behalf
566	645		of the department;
567	646		(25) an elected public officer;
568	647		(26) a firefighter or volunteer firefighter or
569	648		emergency medical services personnel as defined by Section 773.003,
570	649		Health and Safety Code;
571	650		(27) a customs and border protection officer or border
572	651		patrol agent of United States Customs and Border Protection or the
573	652		spouse, surviving spouse, or adult child of a customs and border
574	653		protection officer or border patrol agent;
575	654		(28) [(27) a current or former attorney for the
576	655		Department of Family and Protective Services
577	656		[(27)] a current or former employee or contract staff
578	657		member of a university health care provider at a corrections
579	658		facility operated by the Texas Department of Criminal Justice or
580	659		the Texas Juvenile Justice Department; [and]
581	660		(29) [(28)] a current or former attorney for the
582	661		Department of Family and Protective Services;
583	662		(30) an employee of a public defender's office, as
584	663		defined by Article 26.044, Code of Criminal Procedure; and
585	664		(31) an employee of a managed assigned counsel
586	665		program, as defined by Article 26.047, Code of Criminal Procedure.
587		-	SECTION 15. Section 730.007(c), Transportation Code, is
	666	+	SECTION 16. Subchapter C, Chapter 183, Tax Code, is amended
	667	+	by adding Section 183.055 to read as follows:
	668	+	Sec. 183.055. ALLOCATION OF CERTAIN REVENUE TO FAIR DEFENSE
	669	+	FUND. The comptroller shall deposit one percent of the taxes
	670	+	received under Subchapters B and B-1 to the credit of the fair
	671	+	defense account established under Section 79.031, Government Code.
	672	+	Money deposited to the account under this section may be used only
	673	+	for the purposes described by Section 79.031, Government Code.
	674	+	SECTION 17. Section 730.007(c), Transportation Code, is
588	675		amended to read as follows:
589	676		(c) This section does not:
590	677		(1) prohibit the disclosure of a person's photographic
591	678		image to:
592	679		(A) a law enforcement agency, the Texas
593	680		Department of Motor Vehicles, a county tax assessor-collector, or a
594	681		criminal justice agency for an official purpose;
595	682		(B) an agency of this state investigating an
596	683		alleged violation of a state or federal law relating to the
597	684		obtaining, selling, or purchasing of a benefit authorized by
598	685		Chapter 31 or 33, Human Resources Code; [or]
599	686		(C) an agency of this state investigating an
600	687		alleged violation of a state or federal law under authority
601	688		provided by Title 4, Labor Code; or
602	689		(D) a private investigator licensed under
603	690		Chapter 1702, Occupations Code, who is employed by a public
604	691		defender's office for an official purpose; or
605	692		(2) prevent a court from compelling by subpoena the
606	693		production of a person's photographic image.
607		-	SECTION 16. To the extent of any conflict, this Act prevails
	694	+	SECTION 18. To the extent of any conflict, this Act prevails
608	695		over another Act of the 89th Legislature, Regular Session, 2025,
609	696		relating to nonsubstantive additions to and corrections in enacted
610	697		codes.
611		-	SECTION 17. Article 11.074, Code of Criminal Procedure, as
	698	+	SECTION 19. Article 11.074, Code of Criminal Procedure, as
612	699		amended by this Act, applies regardless of whether the offense for
613	700		which the applicant is in custody was committed before, on, or after
614	701		the effective date of this Act.
615		-	SECTION 18. Article 15.17, Code of Criminal Procedure, as
	702	+	SECTION 20. Article 15.17, Code of Criminal Procedure, as
616	703		amended by this Act, and Article 26.04(i-1), Code of Criminal
617	704		Procedure, as added by this Act, apply only to a person who is
618	705		arrested on or after the effective date of this Act. A person
619	706		arrested before the effective date of this Act is governed by the
620	707		law in effect on the date the person was arrested, and the former
621	708		law is continued in effect for that purpose.
622		-	SECTION 19. Article 26.05, Code of Criminal Procedure, as
	709	+	SECTION 21. Article 26.05, Code of Criminal Procedure, as
623	710		amended by this Act, applies only to expenses incurred on or after
624	711		the effective date of this Act.
625		-	SECTION 20. This Act takes effect September 1, 2025.
626		-	* * * * *
	712	+	SECTION 22. The Texas Higher Education Coordinating Board
	713	+	shall adopt the rules for the repayment assistance program under
	714	+	Subchapter Y-1, Chapter 61, Education Code, as added by this Act,
	715	+	not later than December 1, 2025.
	716	+	SECTION 23. This Act takes effect September 1, 2025.