SRC-CDH H.B. 1238 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1238
By: Junell (Duncan)
Criminal Justice
5-10-97
Engrossed


DIGEST 

Currently, a public defender's office establishes a public attorney for
the purpose of providing criminal defense services to those defendants who
cannot afford to hire their own counsel.  Such offices are created as
needed by counties and districts across the state.  H.B. 1238 gives the
Commissioners Court of Tom Green County the authority to appoint an
attorney to serve as public defender.   

PURPOSE

As proposed, H.B. 1238 provides for the appointment of a public defender
by the Commissioners Court of Tom Green County. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 26, Code of Criminal Procedure, by adding
Article 26.049, as follows: 

Sec. 26.049.  PUBLIC DEFENDER IN TOM GREEN COUNTY.  Authorizes the
Commissioners Court of Tom Green County (commissioners court) to appoint
an attorney to serve as a public defender and serve at the pleasure of the
commissioners court.  Sets forth the required qualifications to be
eligible for appointment as a public defender.  Sets forth the terms by
which the public defender is authorized to employ certain other necessary
personnel, compensate such personnel, and pay for office expenses.
Prohibits a public defender or an assistant public defender (assistant),
except as authorized by this article, from engaging in the private
practice of law or accepting any unauthorized thing of value for services
rendered.  Authorizes the commissioners court to remove a public defender
or an assistant who violates Subsection (e).  Requires the public defender
or an assistant to represent certain indigent persons charged with
criminal offenses in Tom Green County, and sets forth the terms by which
the defender is authorized to investigate the financial condition of any
person the defender is appointed to represent.  Establishes the conditions
under which a judge is authorized to appoint another attorney to represent
an indigent person in the case of a conflict of interest.  Provides that,
except for the provisions relating to daily appearance fees, Article 26.05
applies to the public defender and assistants.  Authorizes the
commissioners court to accept gifts and grants from any source to finance
a public defender program. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.