By Junell                                       H.B. No. 1238

      75R4667 KEL-D                           

                                A BILL TO BE ENTITLED

 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.