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