1-1 AN ACT 1-2 relating to the appointment of a public defender by the 1-3 Commissioners Court of Tom Green County. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 26, Code of Criminal Procedure, is 1-6 amended by adding Article 26.049 to read as follows: 1-7 Art. 26.049. PUBLIC DEFENDER IN TOM GREEN COUNTY. (a) The 1-8 Commissioners Court of Tom Green County may appoint an attorney to 1-9 serve as a public defender. The public defender serves at the 1-10 pleasure of the commissioners court. 1-11 (b) To be eligible for appointment as a public defender, a 1-12 person must: 1-13 (1) be a member of the State Bar of Texas; 1-14 (2) have practiced law for at least four years; and 1-15 (3) have experience in the practice of criminal law. 1-16 (c) With the approval of the commissioners court, the public 1-17 defender may employ assistant public defenders, investigators, 1-18 secretaries, and other necessary personnel. An assistant public 1-19 defender must be a licensed attorney and may perform the duties of 1-20 a public defender under this article. 1-21 (d) Subchapter B, Chapter 152, Local Government Code, 1-22 applies to the compensation of personnel and the payment of office 1-23 expenses in the public defender's office. 1-24 (e) Except as authorized by this article, a public defender 2-1 or an assistant public defender may not: 2-2 (1) engage in the private practice of law; or 2-3 (2) accept anything of value not authorized by this 2-4 article for services rendered under this article. 2-5 (f) The commissioners court may remove a public defender or 2-6 an assistant public defender who violates Subsection (e). 2-7 (g) The public defender or an assistant public defender 2-8 shall represent each indigent person who is charged with a criminal 2-9 offense in Tom Green County or who is both a minor and a party to a 2-10 juvenile delinquency proceeding in the county. The commissioners 2-11 court may specify other types of cases in which the public defender 2-12 or an assistant public defender may represent indigent persons. 2-13 (h) The public defender or an assistant public defender may 2-14 investigate the financial condition of any person the defender is 2-15 appointed to represent. The defender shall report the results of 2-16 the investigation to the appointing judge. The judge may hold a 2-17 hearing to determine whether the person is indigent and entitled to 2-18 representation under this article. 2-19 (i) If at any stage of a proceeding the judge determines 2-20 that a conflict of interest exists between the indigent person and 2-21 the public defender or an assistant public defender, the judge may 2-22 appoint another attorney to represent the person. The attorney 2-23 must be licensed to practice law in this state and is entitled to 2-24 the compensation provided by Article 26.05. 2-25 (j) Except for the provisions relating to daily appearance 2-26 fees, Article 26.05 applies to the public defender and assistant 2-27 public defenders. 3-1 (k) The commissioners court may accept gifts and grants from 3-2 any source to finance an adequate and effective public defender 3-3 program. 3-4 SECTION 2. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended, 3-9 and that this Act take effect and be in force from and after its 3-10 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1238 was passed by the House on April 3, 1997, by the following vote: Yeas 146, Nays 0, 2 present, not voting. _______________________________ Chief Clerk of the House I certify that H.B. No. 1238 was passed by the Senate on May 26, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor