Bill Text: TX HB295 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the provision of funding for indigent defense services.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [HB295 Detail]
Download: Texas-2021-HB295-Enrolled.html
H.B. No. 295 |
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relating to the provision of funding for indigent defense services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 [ |
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(B) promote compliance by counties with the | ||
requirements of state law relating to indigent defense; | ||
(2) to assist a county in providing or improving the | ||
provision of indigent defense 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; [ |
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(C) a regional public defender that meets the | ||
requirements of Subsection (e) and provides indigent defense | ||
services in the county; [ |
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(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 in the county; and | ||
(E) a nonprofit corporation that provides | ||
indigent defense services or indigent defense support services in | ||
the county; 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. | ||
SECTION 2. Section 79.037(b), Government Code, as amended | ||
by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th | ||
Legislature, Regular Session, 2015, is reenacted and amended to | ||
read as follows: | ||
(b) The commission shall determine for each county the | ||
entity or entities [ |
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funds for the provision of or improvement in the provision of | ||
indigent defense services under Subsection (a)(2). The | ||
determination must be made based on the entity's: | ||
(1) compliance with standards adopted by the board; | ||
and | ||
(2) demonstrated commitment to compliance with the | ||
requirements of state law relating to indigent defense. | ||
SECTION 3. Section 79.037(c), Government Code, as amended | ||
by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th | ||
Legislature, Regular Session, 2015, is reenacted to read as | ||
follows: | ||
(c) The board shall adopt policies to ensure that funds | ||
under Subsection (a)(2) are allocated and distributed in a fair | ||
manner. | ||
SECTION 4. Section 26.0442(a), Tax Code, is amended to read | ||
as follows: | ||
(a) In this section, "indigent defense compensation | ||
expenditures" for a tax year means the difference between: | ||
(1) the amount paid by a county in the period beginning | ||
on July 1 of the tax year preceding the tax year for which the tax is | ||
adopted and ending on June 30 of the tax year for which the tax is | ||
adopted to: | ||
(A) provide appointed counsel for indigent | ||
individuals in criminal or civil proceedings in accordance with the | ||
schedule of fees adopted under Article 26.05, Code of Criminal | ||
Procedure; and | ||
(B) fund the operations of a public defender's | ||
office under Article 26.044, Code of Criminal Procedure; and | ||
(2) [ |
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amount of any state grants received by the county during that period | ||
for those purposes [ |
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SECTION 5. Section 79.037(e), Government Code, as added by | ||
Chapter 56 (S.B. 1353), Acts of the 84th Legislature, Regular | ||
Session, 2015, is repealed. | ||
SECTION 6. Section 26.0442, Tax Code, as amended by this | ||
Act, applies to the calculation of the no-new-revenue maintenance | ||
and operations rate for a county only for a tax year beginning on or | ||
after January 1, 2022. | ||
SECTION 7. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 295 was passed by the House on April | ||
22, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 295 on May 28, 2021, by the following vote: Yeas 148, Nays 0, 1 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 295 was passed by the Senate, with | ||
amendments, on May 25, 2021, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |