BILL ANALYSIS



H.B. 2289
By: Hirschi
4-19-95
Committee Report (Unamended)


BACKGROUND

Currently, Wichita County must contract with private attorneys to
provide legal representation for indigents in mental health and
substance abuse cases.  The Wichita County Commissioners and County
Judges have determined that it would be more cost effective to use
public defenders for these cases.

PURPOSE

If enacted, H.B. 2289 would allow a public defender or assistant
public defender in Wichita County to represent the mentally ill and
substance abusers in commitment cases.  The bill will not mandate
the use of the Public Defender Office for such cases but will
permit the public defenders to represent these people.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.043(g), Code of Criminal Procedure
(PUBLIC DEFENDER IN WICHITA COUNTY), to allow a Wichita County
public defender or assistant public defender to represent a
mentally ill person or substance abuser who is indigent and who is
charged with a criminal offense in the county or is entitled to
representation under Chapter 462, Health and Safety Code; Subtitle
C, Title 7, Health and Safety Code; or Subtitle D, Title 7, Health
and Safety Code.     

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 2289 was considered by the full committee in a public hearing on
April 19, 1995.  The following person spoke for the bill:

     Barry Macha, Wichita County District Attorney, representing
     himself.

HB 2289 was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
ayes, 0 nays, 0 pnv, and 3 absent.