Bill Text: TX SB170 | 2011-2012 | 82nd Legislature | Comm Sub


Bill Title: Relating to the reorganization of powers and duties among agencies in this state that provide representation to indigent defendants in criminal cases and to the reorganization of funding sources for indigent defense.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2011-04-05 - Not again placed on intent calendar [SB170 Detail]

Download: Texas-2011-SB170-Comm_Sub.html
 
 
  By: Ellis, Hinojosa  S.B. No. 170
         (In the Senate - Filed November 8, 2010; January 31, 2011,
  read first time and referred to Committee on Criminal Justice;
  March 14, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; March 14, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 170 By:  Ellis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the reorganization of powers and duties among agencies
  in this state that provide representation to indigent defendants in
  criminal cases and to the reorganization of funding sources for
  indigent defense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 2, Government Code, is amended
  by adding Chapter 79 to read as follows:
  CHAPTER 79. TEXAS INDIGENT DEFENSE COMMISSION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 79.001.  DEFINITIONS. In this chapter:
               (1)  "Assigned counsel program" means a system under
  which private attorneys, acting as independent contractors and
  compensated with public funds, are individually appointed to
  provide legal representation and services to a particular indigent
  defendant accused of a crime or juvenile offense.
               (2)  "Board" means the governing board of the Texas
  Indigent Defense Commission.
               (3)  "Commission" means the agency known as the Texas
  Indigent Defense Commission.
               (4)  "Contract defender program" means a system under
  which private attorneys, acting as independent contractors and
  compensated with public funds, are engaged to provide legal
  representation and services to a group of unspecified indigent
  defendants who appear before a particular court or group of courts.
               (5)  "Council" means the Texas Judicial Council.
               (6)  "Crime" means:
                     (A)  a misdemeanor punishable by confinement; or
                     (B)  a felony.
               (7)  "Defendant" means a person accused of a crime or a
  juvenile offense.
               (8)  "Executive director" means the executive director
  of the Texas Indigent Defense Commission.
               (9)  "Indigent defense support services" means
  criminal defense services that:
                     (A)  are provided by licensed investigators,
  experts, or other similar specialists, including forensic experts
  and mental health experts; and
                     (B)  are reasonable and necessary for appointed
  counsel to provide adequate representation to indigent defendants.
               (10)  "Juvenile offense" means conduct committed by a
  person while younger than 17 years of age that constitutes:
                     (A)  a misdemeanor punishable by confinement; or
                     (B)  a felony.
               (11)  "Managed assigned counsel program" has the
  meaning assigned by Article 26.047, Code of Criminal Procedure.
               (12)  "Office of capital writs" means the office of
  capital writs established under Subchapter B, Chapter 78.
               (13)  "Public defender's office" has the meaning
  assigned by Article 26.044(a), Code of Criminal Procedure.
         Sec. 79.002.  ESTABLISHMENT OF COMMISSION.  (a)  The Texas
  Indigent Defense Commission is established. The commission is an
  agency in the judicial branch of this state.
         (b)  The commission operates under the direction and
  supervision of a governing board.
         Sec. 79.003.  SUNSET PROVISION. The commission is subject
  to Chapter 325 (Texas Sunset Act). Unless continued in existence as
  provided by that chapter, the commission is abolished and this
  chapter expires September 1, 2023.
  [Sections 79.004-79.010 reserved for expansion]
  SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
         Sec. 79.011.  ESTABLISHMENT OF BOARD; COMPOSITION. (a)  The
  commission is governed by a board consisting of eight ex officio
  members and five appointive members.
         (b)  Except as provided by Section 79.038, the board shall
  exercise the powers and perform the duties under this chapter
  independently of the council.
         Sec. 79.012.  EXECUTIVE DIRECTOR. (a)  The executive
  director is appointed by the board.
         (b)  The executive director:
               (1)  must be a licensed attorney;
               (2)  must demonstrate an interest in the standards for
  and provision of criminal defense services to indigent individuals;
               (3)  may not engage in the private practice of law; and
               (4)  may not accept money, property, or any other thing
  of value not authorized by law for services rendered under this
  chapter.
         Sec. 79.013.  EX OFFICIO MEMBERS. The ex officio members of
  the board are:
               (1)  the following six members of the council:
                     (A)  the chief justice of the supreme court;
                     (B)  the presiding judge of the court of criminal
  appeals;
                     (C)  one of the members of the senate serving on
  the council who is designated by the lieutenant governor;
                     (D)  the member of the house of representatives
  appointed by the speaker of the house;
                     (E)  one of the courts of appeals justices serving
  on the council who is designated by the governor; and
                     (F)  one of the county court or statutory county
  court judges serving on the council who is designated by the
  governor or, if a county court or statutory county court judge is
  not serving on the council, one of the statutory probate court
  judges serving on the council who is designated by the governor;
               (2)  one other member of the senate, appointed by the
  lieutenant governor; and
               (3)  the chair of the House Criminal Jurisprudence
  Committee.
         Sec. 79.014.  APPOINTMENTS. (a)  The governor shall appoint
  with the advice and consent of the senate five members of the board
  as follows:
               (1)  one member who is a district judge serving as a
  presiding judge of an administrative judicial region;
               (2)  one member who is a judge of a constitutional
  county court or who is a county commissioner;
               (3)  one member who is a practicing criminal defense
  attorney;
               (4)  one member who is a chief public defender in this
  state or the chief public defender's designee, who must be an
  attorney employed by the public defender's office; and
               (5)  one member who is a judge of a constitutional
  county court or who is a county commissioner of a county with a
  population of 250,000 or more.
         (b)  The board members serve staggered terms of two years,
  with two members' terms expiring February 1 of each odd-numbered
  year and three members' terms expiring February 1 of each
  even-numbered year.
         (c)  In making appointments to the board, the governor shall
  attempt to reflect the geographic and demographic diversity of the
  state.
         (d)  A person may not be appointed to the board if the person
  is required to register as a lobbyist under Chapter 305 because of
  the person's activities for compensation on behalf of a profession
  related to the operation of the commission or the council.
         Sec. 79.015.  PRESIDING OFFICER.  The board shall select a
  chair from among its members.
         Sec. 79.016.  DISCLOSURE REQUIRED. (a)  A board member who
  is a chief public defender or who is an attorney employed by a
  public defender's office in a county that applies for funds under
  Section 79.037 shall disclose that fact before a vote by the board
  regarding an award of funds to that county and may not participate
  in such a vote.
         (b)  A board member's disclosure under Subsection (a) must be
  entered into the minutes of the board meeting at which the
  disclosure is made or reported, as applicable.
         (c)  The commission may not award funds under Section 79.037
  to a county served by a chief public defender or other attorney who
  fails to make a disclosure to the board as required by Subsection
  (a).
         Sec. 79.017.  VACANCIES. A vacancy on the board must be
  filled for the unexpired term in the same manner as the original
  appointment. An appointment to fill a vacancy shall be made not
  later than the 90th day after the date the vacancy occurs.
         Sec. 79.018.  MEETINGS; QUORUM; VOTING. (a)  The board
  shall meet at least four times each year and at such other times as
  it considers necessary or convenient to perform its duties.
         (b)  Six members of the board constitute a quorum for
  purposes of transacting the business of the board. The board may
  act only on the concurrence of five board members or a majority of
  the board members present, whichever number is greater. The board
  may adopt policies and standards under Section 79.034 only on the
  concurrence of seven board members.
         (c)  Except as provided by Section 79.016, a board member is
  entitled to vote on any matter before the board, except as otherwise
  provided by rules adopted by the board.
         Sec. 79.019.  COMPENSATION. A board member may not receive
  compensation for services on the board but is entitled to be
  reimbursed for actual and necessary expenses incurred in
  discharging board duties. The expenses are paid from funds
  appropriated to the board.
         Sec. 79.020.  IMMUNITY FROM LIABILITY. A member of the board
  performing duties on behalf of the board is not liable for damages
  arising from an act or omission within the scope of those duties.
         Sec. 79.021.  RULES. The board shall adopt rules as
  necessary to implement this chapter.
  [Sections 79.022-79.030 reserved for expansion]
  SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION
         Sec. 79.031.  FAIR DEFENSE ACCOUNT.  The fair defense
  account is an account in the general revenue fund that may be
  appropriated only to:
               (1)  the commission for the purpose of implementing
  this chapter; and
               (2)  the office of capital writs for the purpose of
  implementing Subchapter B, Chapter 78.
         Sec. 79.032.  ACCEPTANCE OF GIFTS, GRANTS, AND OTHER FUNDS;
  STATE GRANTS TEAM. (a)  The commission may accept gifts, grants,
  and other funds from any public or private source to pay expenses
  incurred in performing its duties under this chapter.
         (b)  The State Grants Team of the Governor's Office of
  Budget, Planning, and Policy may assist the commission in
  identifying grants and other resources available for use by the
  commission in performing its duties under this chapter.
         Sec. 79.033.  LEGISLATIVE APPROPRIATIONS REQUEST.  The
  board, in accordance with the rules and procedures of the
  Legislative Budget Board, shall prepare, approve, and submit a
  legislative appropriations request.
         Sec. 79.034.  POLICIES AND STANDARDS. (a)  The commission
  shall develop policies and standards for providing legal
  representation and other defense services to indigent defendants at
  trial, on appeal, and in postconviction proceedings.  The policies
  and standards may include:
               (1)  performance standards for counsel appointed to
  represent indigent defendants;
               (2)  qualification standards under which attorneys may
  qualify for appointment to represent indigent defendants,
  including:
                     (A)  qualifications commensurate with the
  seriousness of the nature of the proceeding;
                     (B)  qualifications appropriate for
  representation of mentally ill defendants and noncitizen
  defendants;
                     (C)  successful completion of relevant continuing
  legal education programs approved by the council; and
                     (D)  testing and certification standards;
               (3)  standards for ensuring appropriate appointed
  caseloads for counsel appointed to represent indigent defendants;
               (4)  standards for determining whether a person accused
  of a crime or juvenile offense is indigent;
               (5)  policies and standards governing the organization
  and operation of an assigned counsel program;
               (6)  policies and standards governing the organization
  and operation of a public defender's office consistent with
  recognized national policies and standards;
               (7)  standards for providing indigent defense services
  under a contract defender program consistent with recognized
  national policies and standards;
               (8)  standards governing the reasonable compensation
  of counsel appointed to represent indigent defendants;
               (9)  standards governing the availability and
  reasonable compensation of providers of indigent defense support
  services for counsel appointed to represent indigent defendants;
               (10)  standards governing the operation of a legal
  clinic or program that provides legal services to indigent
  defendants and is sponsored by a law school approved by the supreme
  court;
               (11)  policies and standards governing the appointment
  of attorneys to represent children in proceedings under Title 3,
  Family Code;
               (12)  policies and standards governing the
  organization and operation of a managed assigned counsel program
  consistent with nationally recognized policies and standards; and
               (13)  other policies and standards for providing
  indigent defense services as determined by the commission to be
  appropriate.
         (b)  The commission shall submit its proposed policies and
  standards developed under Subsection (a) to the board for adoption.
  The board shall adopt the proposed policies and standards as
  appropriate.
         (c)  Any qualification standards adopted by the board under
  Subsection (b) that relate to the appointment of counsel in a death
  penalty case must be consistent with the standards specified under
  Article 26.052(d), Code of Criminal Procedure. An attorney who is
  identified by the commission as not satisfying performance or
  qualification standards adopted by the board under Subsection (b) 
  may not accept an appointment in a capital case.
         Sec. 79.035.  COUNTY REPORTING PLAN; COMMISSION REPORTS.
  (a)  The commission shall develop a plan that establishes statewide
  requirements for counties relating to reporting indigent defense
  information. The plan must include provisions designed to reduce
  redundant reporting by counties and provisions that take into
  consideration the costs to counties of implementing the plan
  statewide. The commission shall use the information reported by a
  county to monitor the effectiveness of the county's indigent
  defense policies, standards, and procedures and to ensure
  compliance by the county with the requirements of state law
  relating to indigent defense. The commission may revise the plan as
  necessary to improve monitoring of indigent defense policies,
  standards, and procedures in this state.
         (b)  The commission shall annually submit to the governor,
  lieutenant governor, speaker of the house of representatives, and
  council and shall publish in written and electronic form a report:
               (1)  containing any information submitted to the
  commission by a county under Section 79.036; and
               (2)  regarding:
                     (A)  the quality of legal representation provided
  by counsel appointed to represent indigent defendants;
                     (B)  current indigent defense practices in the
  state as compared to state and national standards;
                     (C)  efforts made by the commission to improve
  indigent defense practices in the state; and
                     (D)  recommendations made by the commission for
  improving indigent defense practices in the state.
         (c)  The commission shall annually submit to the Legislative
  Budget Board and council and shall publish in written and
  electronic form a detailed report of all expenditures made under
  this subchapter, including distributions under Section 79.037.
         (d)  The commission may issue other reports relating to
  indigent defense as determined to be appropriate by the commission.
         Sec. 79.036.  INDIGENT DEFENSE INFORMATION. (a)  In each
  county, at the time and in the form and manner prescribed by the
  commission and as otherwise requested by the commission, the
  following information shall be prepared and provided to the
  commission:
               (1)  an initial report containing a copy of all formal
  and informal rules and forms that describe the procedures used in
  the county to provide indigent defendants with counsel in
  accordance with the Code of Criminal Procedure, including the
  schedule of fees required under Article 26.05 of that code; and
               (2)  a supplemental report containing any revisions to
  the rules or forms previously submitted to the commission under
  this section.
         (b)  The commission promptly shall notify a county if a
  change to the county's submission under Subsection (a) will be
  required based on:
               (1)  the decision of a court;
               (2)  a statutory change; or
               (3)  a new policy or standard adopted by the board.
         (c)  Except as provided by Subsection (d):
               (1)  the local administrative district judge in each
  county, or the person designated by the judge, shall perform the
  action required by Subsection (a) with respect to all rules and
  forms adopted by the judges of the district courts trying felony
  cases in the county; and
               (2)  the local administrative statutory county court
  judge in each county, or the person designated by the judge, shall
  perform the action required by Subsection (a) with respect to all
  rules and forms adopted by the judges of the county courts and
  statutory county courts trying misdemeanor cases in the county.
         (d)  If the judges of two or more levels of courts described
  by Subsection (c) adopt the same formal and informal rules and
  forms, the local administrative judge serving the courts having
  jurisdiction over offenses with the highest classification of
  punishment, or the person designated by the judge, shall perform
  the action required by Subsection (a).
         (e)  The chair of the juvenile board in each county, or the
  person designated by the chair, shall perform the action required
  by Subsection (a) with respect to all rules and forms adopted by the
  juvenile board.
         (f)  In each county, the county auditor, or the person
  designated by the commissioners court if the county does not have a
  county auditor, shall prepare and send to the commission in the form
  and manner prescribed by the commission and on a monthly,
  quarterly, or annual basis, with respect to legal services provided
  in the county to indigent defendants during each fiscal year,
  information showing the total amount expended by the county to
  provide indigent defense services and an analysis of the amount
  expended by the county:
               (1)  in each district, county, statutory county, and
  appellate court;
               (2)  in cases for which a private attorney is appointed
  for an indigent defendant;
               (3)  in cases for which a public defender's office is
  appointed for an indigent defendant;
               (4)  in cases for which counsel is appointed for an
  indigent juvenile under Section 51.10(f), Family Code; and
               (5)  for investigation expenses, expert witness
  expenses, or other litigation expenses.
         (g)  As a duty of office, each district and county clerk
  shall cooperate with the county auditor or the person designated by
  the commissioners court and the commissioners court in retrieving
  information required to be sent to the commission under this
  section.
         Sec. 79.037.  TECHNICAL SUPPORT; GRANTS. (a)  The
  commission shall:
               (1)  provide technical support to:
                     (A)  assist counties in improving their indigent
  defense systems; and
                     (B)  promote compliance by counties with the
  requirements of state law relating to indigent defense;
               (2)  direct the comptroller to distribute funds,
  including grants, to counties to provide indigent defense services
  in the county; and
               (3)  monitor each county that receives a grant and
  enforce compliance by the county with the conditions of the grant,
  including enforcement by directing the comptroller to:
                     (A)  withdraw grant funds; or
                     (B)  require reimbursement of grant funds by the
  county.
         (b)  The commission shall direct the comptroller to
  distribute funds as required by Subsection (a)(2) based on a
  county's compliance with standards adopted by the board and the
  county's demonstrated commitment to compliance with the
  requirements of state law relating to indigent defense.
         (c)  The board shall adopt policies to ensure that funds
  under Subsection (a)(2) are allocated and distributed to counties
  in a fair manner.
         (d)  A county may not reduce the amount of funds provided for
  indigent defense services in the county because of funds provided
  by the commission under this section.
         Sec. 79.038.  ADMINISTRATIVE SUPPORT. The Office of Court
  Administration of the Texas Judicial System shall provide
  administrative support, including information technology services
  support, to the commission as necessary to carry out this chapter.
         SECTION 2.  Section 71.001, Government Code, is amended to
  read as follows:
         Sec. 71.001.  DEFINITIONS. In this chapter:
               (1)  ["Assigned counsel program" means a system under
  which private attorneys, acting as independent contractors and
  compensated with public funds, are individually appointed to
  provide legal representation and services to a particular indigent
  defendant accused of a crime or juvenile offense.
               [(2)]  "Chair" means the chair of the council.
               (2) [(3)  "Contract defender program" means a system
  under which private attorneys, acting as independent contractors
  and compensated with public funds, are engaged to provide legal
  representation and services to a group of unspecified indigent
  defendants who appear before a particular court or group of courts.
               [(4)]  "Council" means the Texas Judicial Council.
               (3) [(5)  "Crime" means:
                     [(A)  a misdemeanor punishable by confinement; or
                     [(B)  a felony.
               [(6)]  "Defendant" means a person accused of a crime or
  [a] juvenile offense, as those terms are defined by Section 79.001.
               (4) [(7)  "Indigent defense support services" means
  criminal defense services that:
                     [(A)  are provided by licensed investigators,
  experts, or other similar specialists, including forensic experts
  and mental health experts; and
                     [(B)  are reasonable and necessary for appointed
  counsel to provide adequate representation to indigent defendants.
               [(8)  "Juvenile offense" means conduct committed by a
  person while younger than 17 years of age that constitutes:
                     [(A)  a misdemeanor punishable by confinement; or
                     [(B)  a felony.
               [(9)]  "Public defender's office [defender]" has the
  meaning assigned by Article 26.044(a), Code of Criminal Procedure.
         SECTION 3.  Subsection (b), Section 78.052, Government Code,
  is amended to read as follows:
         (b)  The office shall receive funds for personnel costs and
  expenses:
               (1)  as specified in the General Appropriations Act;
  and
               (2)  from the fair defense account under Section 79.031 
  [71.058], in an amount sufficient to cover personnel costs and
  expenses not covered by appropriations described by Subdivision
  (1).
         SECTION 4.  Subsection (b), Section 78.056, Government Code,
  is amended to read as follows:
         (b)  The Office of Court Administration of the Texas Judicial
  System and the Texas [Task Force on] Indigent Defense Commission 
  shall provide administrative support necessary under this section.
         SECTION 5.  Subsection (c), Section 81.054, Government Code,
  is amended to read as follows:
         (c)  Fees shall be paid to the clerk of the supreme court.
  The clerk shall retain the fees, other than fees collected under
  Subsection (j), until distributed to the state bar for expenditure
  under the direction of the supreme court to administer this
  chapter. The clerk shall retain the fees collected under
  Subsection (j) until distribution is approved by an order of the
  supreme court. In ordering that distribution, the supreme court
  shall order that the fees collected under Subsection (j) be
  remitted to the comptroller at least as frequently as quarterly.
  The comptroller shall credit 50 percent of the remitted fees to the
  credit of the judicial fund for programs approved by the supreme
  court that provide basic civil legal services to the indigent and
  shall credit the remaining 50 percent of the remitted fees to the
  fair defense account in the general revenue fund which is
  established under Section 79.031 [71.058], to be used, subject to
  all requirements of Section 79.037 [71.062], for demonstration or
  pilot projects that develop and promote best practices for the
  efficient delivery of quality representation to indigent
  defendants in criminal cases at trial, on appeal, and in
  postconviction proceedings.
         SECTION 6.  Subsection (c), Section 402.035, Government
  Code, is amended to read as follows:
         (c)  The task force is composed of the following:
               (1)  the governor or the governor's designee;
               (2)  the attorney general or the attorney general's
  designee;
               (3)  the executive commissioner of the Health and Human
  Services Commission or the executive commissioner's designee;
               (4)  the commissioner of the Department of Family and
  Protective Services or the commissioner's designee;
               (5)  the public safety director of the Department of
  Public Safety or the director's designee;
               (6)  one representative from each of the following
  state agencies, appointed by the chief administrative officer of
  the respective agency:
                     (A)  the Texas Workforce Commission;
                     (B)  the Texas Department of Criminal Justice;
                     (C)  the Texas Youth Commission;
                     (D)  the Texas Juvenile Probation Commission; and
                     (E)  the Texas Alcoholic Beverage Commission; and
               (7)  as appointed by the attorney general:
                     (A)  a chief public defender employed by a public
  defender's office, as defined by Article 26.044(a) [26.044], Code
  of Criminal Procedure, or an attorney designated by the chief
  public defender;
                     (B)  an attorney representing the state;
                     (C)  a representative of:
                           (i)  a hotel and motel association;
                           (ii)  a district and county attorneys
  association; and
                           (iii)  a state police association;
                     (D)  representatives of sheriff's departments;
                     (E)  representatives of local law enforcement
  agencies affected by human trafficking; and
                     (F)  representatives of nongovernmental entities
  making comprehensive efforts to combat human trafficking by:
                           (i)  identifying human trafficking victims;
                           (ii)  providing legal or other services to
  human trafficking victims;
                           (iii)  participating in community outreach
  or public awareness efforts regarding human trafficking;
                           (iv)  providing or developing training
  regarding the prevention of human trafficking; or
                           (v)  engaging in other activities designed
  to prevent human trafficking.
         SECTION 7.  Article 26.04, Code of Criminal Procedure, is
  amended by amending Subsections (a), (d), and (f) and adding
  Subsection (f-1) to read as follows:
         (a)  The judges of the county courts, statutory county
  courts, and district courts trying criminal cases in each county,
  by local rule, shall adopt and publish written countywide
  procedures for timely and fairly appointing counsel for an indigent
  defendant in the county arrested for or charged with a misdemeanor
  punishable by confinement or a felony. The procedures must be
  consistent with this article and Articles 1.051, 15.17, 26.05, and
  26.052. A court shall appoint an attorney from a public appointment
  list using a system of rotation, unless the court appoints an
  attorney under Subsection (f), (f-1), (h), or (i). The court shall
  appoint attorneys from among the next five names on the appointment
  list in the order in which the attorneys' names appear on the list,
  unless the court makes a finding of good cause on the record for
  appointing an attorney out of order. An attorney who is not
  appointed in the order in which the attorney's name appears on the
  list shall remain next in order on the list.
         (d)  A public appointment list from which an attorney is
  appointed as required by Subsection (a) shall contain the names of
  qualified attorneys, each of whom:
               (1)  applies to be included on the list;
               (2)  meets the objective qualifications specified by
  the judges under Subsection (e);
               (3)  meets any applicable qualifications specified by
  the Texas [Task Force on] Indigent Defense Commission; and
               (4)  is approved by a majority of the judges who
  established the appointment list under Subsection (e).
         (f)  In a county in which a public defender's office is
  created or designated [defender is appointed] under Article 26.044,
  the court or the courts' designee may appoint that office [the
  public defender] to represent the defendant in accordance with
  guidelines established for the office [public defender].
         (f-1)  In a county in which a managed assigned counsel
  program is operated in accordance with Article 26.047, the managed
  assigned counsel program may appoint counsel to represent the
  defendant in accordance with the guidelines established for the
  program.
         SECTION 8.  The heading to Article 26.044, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 26.044.  PUBLIC DEFENDER'S OFFICE [DEFENDER].
         SECTION 9.  Article 26.044, Code of Criminal Procedure, is
  amended by amending Subsections (a) through (m) and adding
  Subsections (b-1) and (c-1) to read as follows:
         (a)  In this chapter:
               (1)  "Governmental entity" includes a county, a group
  of counties, a department [branch or agency] of a county, an
  administrative judicial region created by Section 74.042,
  Government Code, and any entity created under the Interlocal
  Cooperation Act as permitted by Chapter 791, Government Code.
               (2)  "Office of capital writs" means the office of
  capital writs established under Subchapter B, Chapter 78,
  Government Code.
               (3)  "Oversight board" means an oversight board
  established in accordance with Article 26.045.  
               (4)  "Public defender's office [defender]" means an
  entity that:
                     (A)  is either:
                           (i)  a governmental entity; or
                           (ii)  a nonprofit corporation[:
                     [(A)]  operating under a written agreement with a
  governmental entity, other than an individual judge or court; and
                     (B)  uses [using] public funds to provide[; and
                     [(C)  providing] legal representation and
  services to indigent defendants accused of a crime or juvenile
  offense, as those terms are defined by Section 79.001 [71.001],
  Government Code.
               [(3)  "Office of capital writs" means the office of
  capital writs established under Subchapter B, Chapter 78,
  Government Code.]
         (b)  The commissioners court of any county, on written
  approval of a judge of a county court, statutory county court, or
  district court trying criminal cases or cases under Title 3, Family
  Code, in the county, may create a department of the county or by
  contract may designate a [appoint a governmental entity or]
  nonprofit corporation to serve as a public defender's office
  [defender]. The commissioners courts of two or more counties may
  enter into a written agreement to jointly create or designate
  [appoint] and jointly fund a regional public defender's office
  [defender]. In creating or designating [appointing] a public
  defender's office [defender] under this subsection, the
  commissioners court shall specify or the commissioners courts shall
  jointly specify, if creating or designating [appointing] a regional
  public defender's office [defender]:
               (1)  the duties of the public defender's office
  [defender];
               (2)  the types of cases to which the public defender's
  office [defender] may be appointed under Article 26.04(f) and the
  courts in which an attorney employed by the public defender's
  office [defender] may be required to appear;
               (3)  if the public defender's office is a nonprofit
  corporation, the term during which the contract designating the
  public defender's office is effective and how that contract may be
  renewed on expiration of the term [whether the public defender is
  appointed to serve a term or serve at the pleasure of the
  commissioners court or the commissioners courts]; and
               (4)  if an oversight board is established under Article
  26.045 for the public defender's office, the powers and duties that
  have been delegated to the oversight board [the public defender is
  appointed to serve a term, the term of appointment and the
  procedures for removing the public defender].
         (b-1)  The applicable commissioners court or commissioners
  courts shall require a written plan from a governmental entity
  serving as a public defender's office.
         (c)  Before contracting with a nonprofit corporation to
  serve as [appointing] a public defender's office [defender] under
  Subsection (b), the commissioners court or commissioners courts
  shall solicit proposals for the public defender's office
  [defender].
         (c-1)  A written plan under Subsection (b-1) or a proposal
  under Subsection (c) must include:
               (1)  a budget for the public defender's office
  [defender], including salaries;
               (2)  a description of each personnel position,
  including the chief public defender position;
               (3)  the maximum allowable caseloads for each attorney
  employed by the public defender's office [proponent];
               (4)  provisions for personnel training;
               (5)  a description of anticipated overhead costs for
  the public defender's office [defender]; [and]
               (6)  policies regarding the use of licensed
  investigators and expert witnesses by the public defender's office;
  and
               (7)  a policy to ensure that the chief public defender
  and other attorneys employed by the public defender's office do not
  provide representation to a defendant if doing so would create a
  conflict of interest that has not been waived by the client
  [proponent].
         (d)  After considering each proposal for the public
  defender's office [defender] submitted by a [governmental entity
  or] nonprofit corporation under Subsection (c), the commissioners
  court or commissioners courts shall select a proposal that
  reasonably demonstrates that the public defender's office
  [proponent] will provide adequate quality representation for
  indigent defendants in the county or counties.
         (e)  The total cost of the proposal under Subsection (c) may
  not be the sole consideration in selecting a proposal.
         (f)  A [To be eligible for appointment as a] public
  defender's office [defender, the governmental entity or nonprofit
  corporation] must be directed by a chief public defender who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least three years; and
               (3)  has substantial experience in the practice of
  criminal law.
         (g)  A public defender's office [defender] is entitled to
  receive funds for personnel costs and expenses incurred in
  operating as a public defender's office [defender] in amounts fixed
  by the commissioners court and paid out of the appropriate county
  fund, or jointly fixed by the commissioners courts and
  proportionately paid out of each appropriate county fund if the
  public defender's office [defender] serves more than one county.
         (h)  A public defender's office [defender] may employ
  attorneys, licensed investigators, and other personnel necessary
  to perform the duties of the public defender's office [defender] as
  specified by the commissioners court or commissioners courts under
  Subsection (b)(1).
         (i)  Except as authorized by this article, the chief public
  defender and other attorneys [or an attorney] employed by a public
  defender's office [defender] may not:
               (1)  engage in the private practice of criminal law; or
               (2)  accept anything of value not authorized by this
  article for services rendered under this article.
         (j)  A public defender's office [defender] may not accept
  [refuse] an appointment under Article 26.04(f) if:
               (1)  a conflict of interest exists that has not been
  waived by the client;
               (2)  the public defender's office [defender] has
  insufficient resources to provide adequate representation for the
  defendant;
               (3)  the public defender's office [defender] is
  incapable of providing representation for the defendant in
  accordance with the rules of professional conduct; or
               (4)  the public defender's office [defender] shows
  other good cause for not accepting [refusing] the appointment.
         (k)  The judge may remove from a case a person [public
  defender] who violates a provision of Subsection (i).
         (l)  A public defender's office [defender] may investigate
  the financial condition of any person the public defender's office
  [defender] is appointed to represent. The public defender's office
  [defender] 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.
         (m)  If it is necessary that an attorney who is not employed
  by [other than] a public defender's office [defender] be appointed,
  the attorney is entitled to the compensation provided by Article
  26.05 of this code.
         SECTION 10.  Chapter 26, Code of Criminal Procedure, is
  amended by adding Article 26.045 to read as follows:
         Art. 26.045.  PUBLIC DEFENDER OVERSIGHT BOARD.  (a)  The
  commissioners court of a county or the commissioners courts of two
  or more counties may establish an oversight board for a public
  defender's office created or designated in accordance with this
  chapter.
         (b)  The commissioners court or courts that establish an
  oversight board under this article shall appoint members of the
  board.  Members may include:
               (1)  a criminal or juvenile defense attorney;
               (2)  the judge of a trial court in this state that has
  criminal jurisdiction;
               (3)  a county commissioner;
               (4)  a county judge; and
               (5)  a community representative.
         (c)  The commissioners court or courts may delegate to the
  board any power or duty of the commissioners court to provide
  oversight of the office under Article 26.044, including:
               (1)  recommending selection and removal of a chief
  public defender;
               (2)  setting policy for the office; and
               (3)  developing a budget proposal for the office.
         SECTION 11.  Chapter 26, Code of Criminal Procedure, is
  amended by adding Article 26.047 to read as follows:
         Art. 26.047.  MANAGED ASSIGNED COUNSEL PROGRAM. (a)  In
  this article:
               (1)  "Governmental entity" has the meaning assigned by
  Article 26.044.
               (2)  "Managed assigned counsel program" or "program" 
  means a program 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 or Section 51.10, Family Code.
         (b)  The commissioners court of any county, on written
  approval of a judge of the juvenile court of a county or a county
  court, statutory county court, or district court trying criminal
  cases in the county, may appoint a governmental entity, nonprofit
  corporation, or bar association to operate a managed assigned
  counsel program. The commissioners courts of two or more counties
  may enter into a written agreement to jointly appoint and fund a
  governmental entity, nonprofit corporation, or bar association to
  operate a managed assigned counsel program.  In appointing an
  entity to operate a managed assigned counsel program under this
  subsection, the commissioners court shall specify or the
  commissioners courts shall jointly specify:
               (1)  the types of cases in which the program may appoint
  counsel under Article 26.04 or Section 51.10, Family Code, and the
  courts in which the counsel appointed by the program may be required
  to appear; and
               (2)  the term of any agreement establishing a program
  and how the agreement may be terminated or renewed.
         (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.
         (d)  A program under this article must have a director.  
  Unless the program uses a review committee appointed under
  Subsection (e), a program under this article must be directed by a
  person who:
               (1)  is a member of the State Bar of Texas;
               (2)  has practiced law for at least three years; and
               (3)  has substantial experience in the practice of
  criminal law.
         (e)  The governmental entity, nonprofit corporation, or bar
  association operating the program may appoint a review committee of
  three or more individuals to approve attorneys for inclusion on the
  program's public appointment list described by Subsection (f).  
  Each member of the committee:
               (1)  must meet the requirements described by Subsection
  (d);
               (2)  may not be employed as a prosecutor; and
               (3)  may not be included on or apply for inclusion on
  the public appointment list described by Subsection (f).
         (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
  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).
         (h)  A managed assigned counsel program is entitled to
  receive funds for personnel costs and expenses incurred in amounts
  fixed by the commissioners court and paid out of the appropriate
  county fund, or jointly fixed by the commissioners courts and
  proportionately paid out of each appropriate county fund if the
  program serves more than one county.
         (i)  A managed assigned counsel program may employ personnel
  and enter into contracts necessary to perform the program's duties
  as specified by the commissioners court or commissioners courts
  under this article.
         SECTION 12.  Subsections (a), (c), and (d), Article 26.05,
  Code of Criminal Procedure, are amended to read as follows:
         (a)  A counsel, other than an attorney with a public
  defender's office [defender] or an attorney employed by the office
  of capital 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, 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, and until the judge or
  director, as applicable, approves the payment.  If the judge or
  director disapproves the requested amount of payment, the judge or
  director shall make written findings stating the amount of payment
  that the judge or director 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 [defender], appointed to represent
  a defendant under this code shall be reimbursed for reasonable and
  necessary expenses, including expenses for investigation and for
  mental health and other experts. Expenses 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 incurred
  without prior court approval shall be reimbursed in the manner
  provided for capital cases by Article 26.052(h).
         SECTION 13.  Subsection (a), Section 11, Article 42.12, Code
  of Criminal Procedure, is amended to read as follows:
         (a)  The judge of the court having jurisdiction of the case
  shall determine the conditions of community supervision and may, at
  any time during the period of community supervision, alter or
  modify the conditions.  The judge may impose any reasonable
  condition that is designed to protect or restore the community,
  protect or restore the victim, or punish, rehabilitate, or reform
  the defendant.  Conditions of community supervision may include,
  but shall not be limited to, the conditions that the defendant
  shall:
               (1)  Commit no offense against the laws of this State or
  of any other State or of the United States;
               (2)  Avoid injurious or vicious habits;
               (3)  Avoid persons or places of disreputable or harmful
  character, including any person, other than a family member of the
  defendant, who is an active member of a criminal street gang;
               (4)  Report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (5)  Permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (6)  Work faithfully at suitable employment as far as
  possible;
               (7)  Remain within a specified place;
               (8)  Pay the defendant's fine, if one is assessed, and
  all court costs whether a fine is assessed or not, in one or several
  sums;
               (9)  Support the defendant's dependents;
               (10)  Participate, for a time specified by the judge,
  in any community-based program, including a community-service work
  program under Section 16 of this article;
               (11)  Reimburse the county in which the prosecution was
  instituted for compensation paid to appointed counsel for defending
  the defendant in the case, if counsel was appointed, or if the
  defendant was represented by a [county-paid] public defender's
  office [defender], in an amount that would have been paid to an
  appointed attorney had the county not had a public defender's
  office [defender];
               (12)  Remain under custodial supervision in a community
  corrections facility, obey all rules and regulations of the
  facility, and pay a percentage of the defendant's income to the
  facility for room and board;
               (13)  Pay a percentage of the defendant's income to the
  defendant's dependents for their support while under custodial
  supervision in a community corrections facility;
               (14)  Submit to testing for alcohol or controlled
  substances;
               (15)  Attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Department of State Health
  Services [Texas Commission on Alcohol and Drug Abuse];
               (16)  With the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (17)  Submit to electronic monitoring;
               (18)  Reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56.32, of the defendant's offense or if no
  reimbursement is required, make one payment to the compensation to
  victims of crime fund in an amount not to exceed $50 if the offense
  is a misdemeanor or not to exceed $100 if the offense is a felony;
               (19)  Reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, drug paraphernalia, or other
  materials seized in connection with the offense;
               (20)  Pay all or part of the reasonable and necessary
  costs incurred by the victim for psychological counseling made
  necessary by the offense or for counseling and education relating
  to acquired immune deficiency syndrome or human immunodeficiency
  virus made necessary by the offense;
               (21)  Make one payment in an amount not to exceed $50 to
  a crime stoppers organization as defined by Section 414.001,
  Government Code, and as certified by the Texas Crime Stoppers
  Council;
               (22)  Submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant;
               (23)  In any manner required by the judge, provide
  public notice of the offense for which the defendant was placed on
  community supervision in the county in which the offense was
  committed; and
               (24)  Reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case.
         SECTION 14.  Section 133.107, Local Government Code, is
  amended to read as follows:
         Sec. 133.107.  FEE FOR SUPPORT OF INDIGENT DEFENSE
  REPRESENTATION. (a)  A person convicted of any offense, other than
  an offense relating to a pedestrian or the parking of a motor
  vehicle, shall pay as a court cost, in addition to other costs, a
  fee of $2 to be used to fund indigent defense representation through
  the fair defense account established under Section 79.031 [71.058],
  Government Code.
         (b)  The treasurer shall remit a fee collected under this
  section to the comptroller in the manner provided by Subchapter B.  
  The comptroller shall credit the remitted fees to the credit of the
  fair defense account established under Section 79.031 [71.058],
  Government Code.
         SECTION 15.  The following are repealed:
               (1)  Subsection (i), Article 26.05, Code of Criminal
  Procedure;
               (2)  Section 71.0351, Government Code; and
               (3)  Subchapter D, Chapter 71, Government Code.
         SECTION 16.  As soon as possible after the effective date of
  this Act, the governor shall appoint the initial governing board of
  the Texas Indigent Defense Commission in accordance with Subchapter
  B, Chapter 79, Government Code, as added by this Act.  To enable the
  staggering of terms as required by Subsection (b), Section 79.014
  of that subchapter, the governor shall appoint two members whose
  terms expire on February 1 of the next odd-numbered year and three
  members whose terms expire on February 1 of the next even-numbered
  year.
         SECTION 17.  (a)  On the date the last appointee to the
  initial governing board of the Texas Indigent Defense Commission
  takes office, the Task Force on Indigent Defense established under
  Subchapter D, Chapter 71, Government Code, is abolished. On that
  date, the powers, duties, obligations, rights, contracts, records,
  personnel, property, and unspent appropriations of the task force
  are transferred to the commission.
         (b)  All rules of the Task Force on Indigent Defense are
  continued in effect as rules of the Texas Indigent Defense
  Commission until superseded by a rule of the commission.
         (c)  Notwithstanding the changes in law made by this Act,
  until the date the Task Force on Indigent Defense is abolished as
  provided by this section, the members and the director of the task
  force on the effective date of this Act may continue in office and
  exercise their powers and duties under the law that governed the
  task force before the effective date of this Act, and the prior law
  is continued in effect for that purpose.
         SECTION 18.  Not later than December 1, 2011, the Texas
  Indigent Defense Commission and the Texas Judicial Council shall
  adopt a memorandum of understanding to facilitate the timely
  implementation of this Act.
         SECTION 19.  This Act takes effect September 1, 2011.
 
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