1-1     By:  Junell (Senate Sponsor - Duncan)                 H.B. No. 1238

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 15, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the appointment of a public defender by the

 1-9     Commissioners Court of Tom Green County.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 26, Code of Criminal Procedure, is

1-12     amended  by adding Article 26.049 to read as follows:

1-13           Art. 26.049.  PUBLIC DEFENDER IN TOM GREEN COUNTY.  (a)  The

1-14     Commissioners Court of Tom Green County may appoint an attorney to

1-15     serve as a public defender.  The public defender serves at the

1-16     pleasure of the commissioners court.

1-17           (b)  To be eligible for appointment as a public defender, a

1-18     person must:

1-19                 (1)  be a member of the State Bar of Texas;

1-20                 (2)  have practiced law for at least four years; and

1-21                 (3)  have experience in the practice of criminal law.

1-22           (c)  With the approval of the commissioners court, the public

1-23     defender may employ assistant public defenders, investigators,

1-24     secretaries, and other necessary personnel.  An assistant public

1-25     defender must be a licensed attorney and may perform the duties of

1-26     a public defender under this article.

1-27           (d)  Subchapter B, Chapter 152, Local Government Code,

1-28     applies to the compensation of personnel and the payment of office

1-29     expenses in the public defender's office.

1-30           (e)  Except as authorized by this article, a public defender

1-31     or an assistant public defender may not:

1-32                 (1)  engage in the private practice of law; or

1-33                 (2)  accept anything of value not authorized by this

1-34     article for services rendered under this article.

1-35           (f)  The commissioners court may remove a public defender or

1-36     an assistant public defender who violates Subsection (e).

1-37           (g)  The public defender or an assistant public defender

1-38     shall represent each indigent person who is charged with a criminal

1-39     offense in Tom Green County or who is both a minor and a party to a

1-40     juvenile delinquency proceeding in the county.  The commissioners

1-41     court may specify other types of cases in which the public defender

1-42     or an assistant public defender may represent indigent persons.

1-43           (h)  The public defender or an assistant public defender may

1-44     investigate the financial condition of any person the defender is

1-45     appointed to represent.  The defender shall report the results of

1-46     the investigation to the appointing judge.  The judge may hold a

1-47     hearing to determine whether the person is indigent and entitled to

1-48     representation under this article.

1-49           (i)  If at any stage of a proceeding the judge determines

1-50     that a conflict of interest exists between the indigent person and

1-51     the public defender or an assistant public defender, the judge may

1-52     appoint another attorney to represent the person.  The attorney

1-53     must be licensed to practice law in this state and is entitled to

1-54     the compensation provided by Article 26.05.

1-55           (j)  Except for the provisions relating to daily appearance

1-56     fees, Article 26.05 applies to the public defender and assistant

1-57     public defenders.

1-58           (k)  The commissioners court may accept gifts and grants from

1-59     any source to finance an adequate and effective public defender

1-60     program.

1-61           SECTION 2.  The importance of this legislation and the

1-62     crowded condition of the calendars in both houses create an

1-63     emergency and an imperative public necessity that the

1-64     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended,

 2-2     and that this Act take effect and be in force from and after its

 2-3     passage, and it is so enacted.

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