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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of funding for indigent defense services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 79.037(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall: |
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(1) provide technical support to: |
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(A) assist counties in improving their systems |
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for providing indigent defense services, including indigent |
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defense support services [systems]; and |
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(B) promote compliance by counties with the |
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requirements of state law relating to indigent defense; |
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(2) to assist a county in providing or improving the |
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provision of indigent defense services in the county, distribute in |
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the form of grants any funds appropriated for the purposes of this |
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section to one or more of the following entities: |
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(A) the county; |
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(B) a law school's legal clinic or program that |
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provides indigent defense services in the county; [and] |
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(C) a regional public defender that meets the |
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requirements of Subsection (e) and provides indigent defense |
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services in the county; [and] |
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(D) an entity described by Section 791.013 that |
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provides to a county administrative services under an interlocal |
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contract entered into for the purpose of providing or improving the |
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provision of indigent defense services in the county; and |
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(E) a nonprofit corporation that provides |
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indigent defense services or indigent defense support services in |
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the county; and |
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(3) monitor each entity that receives a grant under |
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Subdivision (2) and enforce compliance with the conditions of the |
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grant, including enforcement by: |
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(A) withdrawing grant funds; or |
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(B) requiring reimbursement of grant funds by the |
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entity. |
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SECTION 2. Section 79.037(b), Government Code, as amended |
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by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted and amended to |
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read as follows: |
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(b) The commission shall determine for each county the |
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entity or entities [within the county] that are eligible to receive |
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funds for the provision of or improvement in the provision of |
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indigent defense services under Subsection (a)(2). The |
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determination must be made based on the entity's: |
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(1) compliance with standards adopted by the board; |
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and |
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(2) demonstrated commitment to compliance with the |
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requirements of state law relating to indigent defense. |
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SECTION 3. Section 79.037(c), Government Code, as amended |
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by Chapters 56 (S.B. 1353) and 476 (S.B. 1057), Acts of the 84th |
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Legislature, Regular Session, 2015, is reenacted to read as |
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follows: |
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(c) The board shall adopt policies to ensure that funds |
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under Subsection (a)(2) are allocated and distributed in a fair |
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manner. |
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SECTION 4. Section 26.0442(a), Tax Code, is amended to read |
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as follows: |
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(a) In this section, "indigent defense compensation |
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expenditures" for a tax year means the difference between: |
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(1) the amount paid by a county in the period beginning |
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on July 1 of the tax year preceding the tax year for which the tax is |
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adopted and ending on June 30 of the tax year for which the tax is |
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adopted to: |
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(A) provide appointed counsel for indigent |
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individuals in criminal or civil proceedings in accordance with the |
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schedule of fees adopted under Article 26.05, Code of Criminal |
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Procedure; and |
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(B) fund the operations of a public defender's |
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office under Article 26.044, Code of Criminal Procedure; and |
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(2) [, in the period beginning on July 1 of the tax |
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year preceding the tax year for which the tax is adopted and ending |
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on June 30 of the tax year for which the tax is adopted, less] the |
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amount of any state grants received by the county during that period |
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for those purposes [the same purpose]. |
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SECTION 5. Section 79.037(e), Government Code, as added by |
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Chapter 56 (S.B. 1353), Acts of the 84th Legislature, Regular |
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Session, 2015, is repealed. |
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SECTION 6. Section 26.0442, Tax Code, as amended by this |
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Act, applies to the calculation of the no-new-revenue maintenance |
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and operations rate for a county only for a tax year beginning on or |
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after January 1, 2022. |
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SECTION 7. This Act takes effect September 1, 2021. |
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* * * * * |